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The Legal Aid (Scotland) Act 1986 Amendment Regulations 2016

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

Draft 2016, ISBN 9780111032695

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 2016

Coming into force 1st December 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13(4) of the Legal Aid (Scotland) Act 1986f1 and 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.

Annotations to the whole text

Footnotes

f1

1986 c.47. 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 and commencement
  2. 2Proceedings in which civil legal aid is available
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 2016 and come into force on 1st December 2016.

2Proceedings in which civil legal aid is available

In paragraph 1 of Part I of schedule 2 of the Legal Aid (Scotland) Act 1986f1 (courts in which civil legal aid is available), before the entry relating to the Upper Tribunal insert—

“in or with respect to an appeal to the Upper Tribunal for Scotlandf2 (including an application for permission to appeal);”.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986 to add appeals to the Upper Tribunal for Scotland (established by section 1 of the Tribunals (Scotland) Act 2014) to the list of proceedings in which civil legal aid is available.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.