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The Civil Legal Aid (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 011069953X

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 section 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 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 1988 (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. 6Amendment of the Legal Aid (Scotland) Act 1986
  7. 7Revocation
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Civil Legal Aid (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 civil legal aid is made on or after 10th April 2006.

3Amendment of the Legal Aid (Scotland) Act 1986

For the yearly amount of £9,570 specified in section 15(1) of the Actf1 substitute the yearly amount of £9,781.

4Amendment of the Legal Aid (Scotland) Act 1986

For the capital amount of £10,779 specified in section 15(2)(a) of the Actf1 substitute the capital amount of £11,070.

5Amendment of the Legal Aid (Scotland) Act 1986

For the yearly amount of £2,931 specified in section 17(2)(a) of the Actf1 substitute the yearly amount of £2,995.

6Amendment of the Legal Aid (Scotland) Act 1986

For the capital amount of £6,465 specified in section 17(2)(b) of the Actf1 substitute the capital amount of £6,640.

7Revocation

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2005f1 are hereby revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 10th April 2006.

Signature

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2006

Explanatory note

(This note is not part of the Regulations)

These Regulations increase certain of the financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

The income limits are increased to make eligible for civil legal aid persons with a yearly disposable income of not more than £9,781 (instead of £9,570) and to make eligible without payment of a contribution persons with a yearly disposable income of not more than £2,995 (instead of £2,931) (regulations 3 and 5).

The upper limit of disposable capital, above which civil legal aid may be refused if it appears the applicant can afford to proceed without it, is increased from £10,779 to £11,070 (regulation 4).

The upper limit of disposable capital, above which a legally assisted person may be required to pay a contribution, is increased from £6,465 to £6,640 (regulation 6).

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2005 are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 10th April 2006 (regulation 7).