# The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004

S.S.I. 2004/493 · made 11 November 2004 · revised to 31 December 2020

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

Made under: European Communities Act 1972 (repealed) (Section 2); Legal Aid (Scotland) Act 1986 (Section 36)

PDFs: Printed copy https://openlegislation.uk/legal-aid-scotland-act-1986-amendment-regulations-2004/pdf/ssi_20040493_en.pdf

## Introductory text

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 1972 and by section 36(1), (2)(h) and (3)(d) of the Legal Aid (Scotland) Act 1986 and of all other powers enabling them in that behalf, hereby make the following Regulations:

## 1 Citation and commencement

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

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

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.”.

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

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

## 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.

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Source: https://www.legislation.gov.uk/ssi/2004/493 (the official version)
Page: https://openlegislation.uk/legal-aid-scotland-act-1986-amendment-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.