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.

2006 No.

LEGAL AID AND ADVICE

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2006

Made2006

Coming into force10th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 11(2) and 36(1) and (2)(b) of the Legal Aid (Scotland) Act 19861, and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2006 and shall come into force on 10th April 2006.

2

In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

Application2

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 10th April 2006.

Amendment of the Legal Aid (Scotland) Act 1986

3

For the weekly sum of £203 specified in section 8(a) of the Act2 substitute the weekly sum of £208.

4

For the capital sum of £1,412 specified in section 8 of the Act3 substitute the capital sum of £1,450.

5

For the weekly sum of £86 specified in section 11(2)(a) of the Act4 substitute the weekly sum of £88.

Liability to pay fees or outlays under section 11(2) of the Act6

The maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act5, where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column:–

Disposable income range	Maximum contribution
1 Exceeding £88 but not exceeding £95 a week	£7
2 Exceeding £95 but not exceeding £102 a week	£14
3 Exceeding £102 but not exceeding £109 a week	£21
4 Exceeding £109 but not exceeding £116 a week	£28
5 Exceeding £116 but not exceeding £123 a week	£35
6 Exceeding £123 but not exceeding £130 a week	£42
7 Exceeding £130 but not exceeding £137 a week	£49
8 Exceeding £137 but not exceeding £144 a week	£56
9 Exceeding £144 but not exceeding £151 a week	£63
10 Exceeding £151 but not exceeding £158 a week	£70
11 Exceeding £158 but not exceeding £165 a week	£77
12 Exceeding £165 but not exceeding £172 a week	£84
13 Exceeding £172 but not exceeding £179 a week	£91
14 Exceeding £179 but not exceeding £186 a week	£98
15 Exceeding £186 but not exceeding £193 a week	£105
16 Exceeding £193 but not exceeding £200 a week	£112
17 Exceeding £200 but not exceeding £208 a week	£119

Revocation7

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 20056 are hereby revoked except in relation to any case where an application for advice and assistance is made before 10th April 2006.

A member of the Scottish ExecutiveSt Andrew’s House,Edinburgh2006

(This note is not part of the Regulations)

These Regulations, in relation to any case where an application for advice and assistance is made on or after 10th April 2006–

a

increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £203 a week to £208 a week (regulation 3);

b

increase the disposable capital limit for advice and assistance from £1,412 to £1,450 (regulation 4);

c

increase the weekly disposable income above which a person is required to pay a contribution from £86 to £88 (regulation 5); and

d

prescribe the scale of contributions to be paid where the weekly disposable income exceeds £88 but does not exceed £208 (regulation 6).

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005 except in relation to any case where an application for advice and assistance is made before 10th April 2006 (regulation 7).