Section 11A Clients' contributions: specified criminal assistance by way of representationF1
Scotland
This section applies where—
assistance by way of representation has been made available to a client under section 9A(1) (“the assistance”), and
the client—
has disposable income of, or exceeding, £82 per week and is not (directly or indirectly) in receipt of any of the benefits mentioned in section 11(2)(b), or
has disposable capital of, or exceeding, £750.
The client is liable to pay a contribution in respect of the assistance provided of up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under section 33ZA(1).
Except where regulations made under section 33ZA(1) otherwise provide—
in a case where the assistance is being provided—
by a solicitor employed by the Board by virtue of sections 26 and 27 or, as the case may be, section 28A, or
by counsel instructed by such a solicitor,
it is for the Board to determine the amount of and collect any contribution payable by the client under subsection (2), and
in any other case, it is for the solicitor to determine the amount of and collect any contribution payable by the client under subsection (2).
A contribution collected by the solicitor is to be treated as payment of a fee or outlay properly chargeable (in accordance with section 33).
Annotations
Textual amendments
- F1
S. 11A inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(3), 25(2); S.S.I. 2013/262, art. 2
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))