OpenLegislation

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017

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

Draft 2017, ISBN 9780111036747

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 2017

Coming into force 1st December 2017

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 Parliamentf2.

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).

f2

There are amendments to section 37(2) which are not relevant to these Regulations. Section 37(2) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (the “2010 Act”).

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Proceedings in which civil legal aid is available
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 and come into force on 1st December 2017.

2Application

Regulation 3 applies only in relation to a case where an application for legal aid for proceedings before the First-tier Tribunal for Scotland is made on or after 1st December 2017.

3Proceedings in which civil legal aid is available

(1)

Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986f1 (courts and tribunals in which civil legal aid is available) is amended as follows.

(2)

In paragraph 1, before the entry relating to the Upper Tribunal for Scotland insert—

“before the First-tier Tribunal for Scotlandf2 of the type described in paragraph 2A;”.

(3)

After paragraph 1 insert—

“Proceedings before the First-tier Tribunal for Scotland

2A.

The proceedings before the First-tier Tribunal for Scotland mentioned in paragraph 1 are—

(a)

those transferred to it by section 16(1) of the Housing (Scotland) Act 2014f3, in relation to the following enactments—

(i)

the Rent (Scotland) Act 1984f4;

(ii)

the Housing (Scotland) Act 1988f5;

(iii)

the Housing (Scotland) Act 2006f6;

(b)

those in relation to the Private Housing (Tenancies) Scotland Act 2016f7.”

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.

Regulation 3 amends the Legal Aid (Scotland) Act 1986 to make civil legal aid available for specified tenancy related disputes before the First-tier Tribunal for Scotland. With the exception of private residential tenancies, which are a new type of tenancy created by the Private Housing (Tenancies) (Scotland) Act 2016, these disputes will have been heard by the sheriff court prior to 1st December 2017.

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.