OpenLegislation

Section 11 Clients' contributions: generalC4F14C1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A client shall not be required to pay any fees or outlays in respect of advice and assistance received by him in pursuance of this Part of this Act except in accordance with subsection (2) F1or F2, (2A) F3... below F4or, where applicable, section 11A.

C2C3(2)

Where—

(a)

a client’s disposable income exceeds F5£105 a week; and

(b)

he is not (directly or indirectly) in receipt of F6universal credit under Part 1 of the Welfare Reform Act 2012, F7income support or F8, an income-based jobseeker's allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),

he shall be liable to pay, in respect of the advice and assistance, fees or outlays up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under this section, and such regulations may prescribe different maximum payments for different amounts of disposable income and for different cases or classes of case.

F9(2A)

A client to whom paragraphs (a) and (b) of subsection (2) above apply and to whom F10advice and assistance (other than assistance by way of representation to which section 9A applies) has been provided by a solicitor employed by the Board under sections 26 and 27 F11or section 28A of this Act shall pay to the Board such contribution in that respect as the Board may, subject to subsection (3A) below, determine.

F12(3)

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

(3A)

The amount determined by the Board under subsection (2A) above shall not exceed the amount which would be charged by a solicitor who is not employed by the Board under sections 26 and 27 F13or section 28A of this Act.

(4)

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

Annotations

Textual amendments

F1

Word in s. 11(1) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(a)(i), 25(2); S.S.I. 2013/262, art. 2

F2

Words in s. 11(1) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(a), 15(3)

F3

Words in s. 11(1) repealed (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(a)(ii), 25(2); S.S.I. 2013/262, art. 2

F4

Words in s. 11(1) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(1), 25(2); S.S.I. 2013/262, art. 2

F5

Word in s. 11(2)(a) substituted (11.4.2011) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217), regs. 1, 4(4) (with reg. 3)

F6

Words in s. 11(2)(b) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 3(3)

F7

Words in s. 11(2)(b) substituted (8.4.2003) by Tax Credits Act 2002 (c. 21), ss. 47, 61, Sch. 3 para. 12; S.I. 2003/962, art. 2(4)(d)

F8

Words in s. 11(2)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 4(3); S.I. 2008/787, art. 2(4)(f)

F9

S. 11(2A)(3A) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(b), 15(3)

F10

Words in s. 11(2A) substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(b)(i), 25(2); S.S.I. 2013/262, art. 2

F11

Words in s. 11(2A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(b)(ii), 25(2); S.S.I. 2013/262, art. 2

F12

S. 11(3)(4) repealed (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(d), 25(2); S.S.I. 2013/262, art. 2

F13

Words in s. 11(3A) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(c), 25(2); S.S.I. 2013/262, art. 2

F14

S. 11 title substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(2), 25(2); S.S.I. 2013/262, art. 2

Modifications

C1

S. 11 modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(b)

C2

S. 11(2) excluded (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/1789), reg. 9

C3

S. 11(2) excluded by S.S.I. 2011/217, reg. 8A (as inserted (with application in accordance with reg. 2 of the amending S.S.I.) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/136), regs. 1, 3)

C4

Pt. II (ss. 6-12) applied by S.I. 1988/2290, reg. 3

Notes on Part II

Modifications

C1

Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5

C2

Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))