The Children’s Legal Assistance (Scotland) Regulations 2013
PART 1GENERAL
1Citation and Commencement
2Interpretation
PART 2CHILDREN’S ASSISTANCE BY WAY OF REPRESENTATION
3Amendment of the Advice and Assistance (Assistance By Way Of Representation) (Scotland) Regulations 2003
4Amendment of the Advice and Assistance (Scotland) Regulations 1996
PART 3CHILDREN’S LEGAL AID
5Children’s legal aid: individual
6Distinct proceedings
7Form of application
8Applications by or on behalf of children
9Attendance for interview and supply of information
10Determination of disposable income and disposable capital
11Circumstances in which resources of spouse not to be taken into account and resources of cohabitees
12Deprivation or conversion of resources
13Assessment of disposable income, etc. in relation to appellate proceedings
14Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity
15Applicant having rights and facilities in relation to litigation
16Contributions in respect of children’s legal aid
17Liability to pay a contribution to the Fund
18Matters of special urgency
19Notification of decision
20Application for review or review of conditions
21Employment of counsel and expert witnesses and prior approval of the Board in cases of work of an unusual nature or likely to involve unusually large expenditure
22Duty to report changes of circumstances
23(1) The Board from time to time may directly request...
24Duty to report abuse of children’s legal aid
25Change of nominated solicitor
26Duty to report
27Power of Board to modify or impose conditions
28Power of Board to amend determination
29Power of Board to suspend availability of children’s legal aid
30Termination of children’s legal aid on change of circumstances
31Termination of children’s legal aid other than on change of circumstances
32If an applicant or assisted person fails to provide information...
33Termination of children’s legal aid in cases of false information, etc.
34Termination on request by assisted person
PART 4CHILDREN’S LEGAL AID: DUTY SOLICITOR SCHEME
35In circumstances where the Board has arranged, in accordance with...
SCHEDULE 1ASSESSMENT OF DISPOSABLE INCOME FOR THE PURPOSES OF CHILDREN’S LEGAL AID
1(1) The income of the person concerned from any source...
2The income in respect of any emolument, benefit or privilege...
3(1) The income from a trade, business or gainful occupation...
4In computing the income of the person concerned there is...
5In computing the disposable income of the person concerned, there...
6In computing the disposable income of the person concerned, there...
7There is to be a deduction in respect of the...
8(1) Subject to sub-paragraph (2), there is to be a...
9If the person concerned is not a householder, there is...
10(1) There is to be a deduction in respect of...
11If the person concerned is making and, throughout such period...
12Where the person concerned must provide for any other matter...
13In computing the income from any source there is to...
SCHEDULE 2ASSESSMENT OF DISPOSABLE CAPITAL FOR THE PURPOSES OF CHILDREN’S LEGAL AID
1(1) Subject to these Regulations, there is to be included...
2So far as any resource does not consist of money,...
3Where money is due to the person concerned, whether immediately...
4If the person concerned stands in relation to a company...
5Where the person concerned is, or is to be treated...
6The value of any interest, whether vested or contingent, of...
7In computing the amount of capital of the person concerned...
8In computing the amount of capital of the person concerned,...
9Save in exceptional circumstances, nothing is to be included in...
10(1) In computing the amount of capital of the person...
11Where the person concerned has received or is entitled to...
12The value of any life assurance or endowment policy is...
13Where under any statute, bond, agreement, indemnity, guarantee or other...
14An allowance may be made in respect of any debt...
15(1) Where the person concerned is of pensionable age and...
16In computing the amount of capital there is disregarded such...

2013 No. 200

Children And Young Persons
Legal Aid And Advice

The Children’s Legal Assistance (Scotland) Regulations 2013

Made

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(1), (2)(a), and (c) to (dd), 28K(2), 28L(1), 31(9), 36(1), 36(2)(a), (c), (d) to (h) and 42 of the Legal Aid (Scotland) Act 19861 and all other powers enabling them to do so.

In accordance with section 37(2) of that Act, a draft of these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.