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The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004

S.S.I. 2004/493 · Made 11 November 2004 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

LEGAL AID AND ADVICE

Made 11th November 2004

Laid before the Scottish Parliament 12th November 2004

Coming into force 4th December 2004

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1 and by section 36(1), (2)(h) and (3)(d) of the Legal Aid (Scotland) Act 1986f2 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1972 c. 68; section 2(2) was amended by the Scotland Act (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

f2

1986 c. 47; section 36 was amended for purposes not relevant to these regulations. The functions of the Secretary of State were transferred to Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Modification of the Legal Aid (Scotland) Act 1986
  3. 3Modification of the Legal Aid (Scotland) Act 1986 Repealed
  4. Signature
  5. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 and shall come into force on 4th December 2004.

2Modification of the Legal Aid (Scotland) Act 1986I1

After paragraph (ab) of section 4(3) insert–

“(ac)

any sums recovered from a person who is receiving or has been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24, but who has available to him rights and facilities making it unnecessary for him to take advantage of the provisions of this Act.”.

3Modification of the Legal Aid (Scotland) Act 1986F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

Explanatory note

(This note is not part of the Regulations)

These Regulations modify the Legal Aid (Scotland) Act 1986 to provide the following:–

(a)

section 4 is modified to allow the Scottish Legal Aid Board to pay into the Scottish Legal Aid Fund sums recovered from persons who have received financial or other assistance from a body of which they are a member, where they have also been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24 of the Legal Aid (Scotland) Act 1986; and

(b)

section 15 is modified to implement Council Directive 2003/8/EC (O.J. No. L 26, 31.1.2003, p.41) as corrected by a corrigendum published on 7th February 2003 (O.J. No. L 32, 7.2.2003, p.15) which establishes common rules for legal aid in relation to cross border disputes. Section 15 is modified where it would otherwise be inconsistent with that Council Directive.