# The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008

Draft 2008, ISBN 9780110815121

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

Made under: Legal Aid (Scotland) Act 1986 (Section 36)

PDFs: Printed copy https://openlegislation.uk/draft-civil-legal-aid-financial-conditions-scotland-regulations-2008/pdf/sdsi_9780110815121_en.pdf; Executive Note https://openlegislation.uk/draft-civil-legal-aid-financial-conditions-scotland-regulations-2008/pdf/sdsien_9780110815121_en.pdf

## Introductory text

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 2008
Coming into force 7th April 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2)(b) of the Legal Aid (Scotland) Act 1986 and of all other powers enabling them to do so.
In accordance with section 37(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008 and shall come into force on 7th April 2008.
(2) In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

## 2 Application

These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 7th April 2008.

## 3 Amendment of the Legal Aid (Scotland) Act 1986

In section 15(1) of the Act for “£10,074” substitute “£10,306”.

## 4 Amendment of the Legal Aid (Scotland) Act 1986

In section 15(2)(a) of the Act for “£11,402” substitute “£11,847”.

## 5 Amendment of the Legal Aid (Scotland) Act 1986

In section 17(2)(a) of the Act for “£3,085” substitute “£3,156”.

## 6 Amendment of the Legal Aid (Scotland) Act 1986

In section 17(2)(b) of the Act for “£6,879” substitute “£7,147”.

## 7 Revocation

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2007 are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 7th April 2008.

## Signature

A member of the Scottish Executive
St Andrew’s House,
Edinburgh
2008

## Explanatory note

(This note is not part of the Regulations)
These Regulations increase certain financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.
Regulation 3 increases income limits to make a person with a yearly disposable income of not more than £10,306 (increased from £10,074) eligible for civil legal aid. Regulation 5 increases, from £3,085 to £3,156, the yearly disposable income limit below which a person will be eligible for civil legal aid and will not have to pay a contribution.
Regulation 4 increases the upper limit of disposable capital to £11,847 (increased from £11,402), above which civil legal aid may be refused if it appears the person can afford to proceed without it.
In regulation 6, the upper limit of disposable capital, above which a legally assisted person may be required to pay a contribution, is £7,147 (increased from £6,879).
Regulation 8 revokes the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2007.

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Source: https://www.legislation.gov.uk/sdsi/2008/9780110815121 (the official version)
Page: https://openlegislation.uk/draft-civil-legal-aid-financial-conditions-scotland-regulations-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.