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The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110699521

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 37(2) of the Legal Aid (Scotland) Act 1986 for approval by resolution of the Scottish Parliament.

LEGAL AID AND ADVICE

Made 2006

Coming into force 10th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 11(2) and 36(1) and (2)(b) of the Legal Aid (Scotland) Act 1986f1, and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

1986 c. 47. Section 11(2) was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 61, the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 9 and the Access to Justice Act 1999 (c. 22), section 33. Section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Application
  3. 3Amendment of the Legal Aid (Scotland) Act 1986
  4. 4Amendment of the Legal Aid (Scotland) Act 1986
  5. 5Amendment of the Legal Aid (Scotland) Act 1986
  6. 6Liability to pay fees or outlays under section 11(2) of the Act
  7. 7Revocation
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2006 and shall come into force on 10th April 2006.

(2)

In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

2Application

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 10th April 2006.

3Amendment of the Legal Aid (Scotland) Act 1986

For the weekly sum of £203 specified in section 8(a) of the Actf1 substitute the weekly sum of £208.

4Amendment of the Legal Aid (Scotland) Act 1986

For the capital sum of £1,412 specified in section 8 of the Actf1 substitute the capital sum of £1,450.

5Amendment of the Legal Aid (Scotland) Act 1986

For the weekly sum of £86 specified in section 11(2)(a) of the Actf1 substitute the weekly sum of £88.

6Liability to pay fees or outlays under section 11(2) of the Act

The maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Actf1, where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column:–

Disposable income rangeMaximum contribution
1

Exceeding £88 but not exceeding £95 a week

£7
2

Exceeding £95 but not exceeding £102 a week

£14
3

Exceeding £102 but not exceeding £109 a week

£21
4

Exceeding £109 but not exceeding £116 a week

£28
5

Exceeding £116 but not exceeding £123 a week

£35
6

Exceeding £123 but not exceeding £130 a week

£42
7

Exceeding £130 but not exceeding £137 a week

£49
8

Exceeding £137 but not exceeding £144 a week

£56
9

Exceeding £144 but not exceeding £151 a week

£63
10

Exceeding £151 but not exceeding £158 a week

£70
11

Exceeding £158 but not exceeding £165 a week

£77
12

Exceeding £165 but not exceeding £172 a week

£84
13

Exceeding £172 but not exceeding £179 a week

£91
14

Exceeding £179 but not exceeding £186 a week

£98
15

Exceeding £186 but not exceeding £193 a week

£105
16

Exceeding £193 but not exceeding £200 a week

£112
17

Exceeding £200 but not exceeding £208 a week

£119

7Revocation

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005f1 are hereby revoked except in relation to any case where an application for advice and assistance is made before 10th April 2006.

Signature

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2006

Explanatory note

(This note is not part of the Regulations)

These Regulations, in relation to any case where an application for advice and assistance is made on or after 10th April 2006–

(a)

increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £203 a week to £208 a week (regulation 3);

(b)

increase the disposable capital limit for advice and assistance from £1,412 to £1,450 (regulation 4);

(c)

increase the weekly disposable income above which a person is required to pay a contribution from £86 to £88 (regulation 5); and

(d)

prescribe the scale of contributions to be paid where the weekly disposable income exceeds £88 but does not exceed £208 (regulation 6).

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005 except in relation to any case where an application for advice and assistance is made before 10th April 2006 (regulation 7).