Modifications etc. (not altering text)
C1Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5
C2Pt. 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))
(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) [F2or] [F3, (2A)] F4... below [F5or, where applicable, section 11A].
(2)Where—
(a)a client’s disposable income exceeds [F6£105] a week; and
(b)he is not (directly or indirectly) in receipt of [F7universal credit under Part 1 of the Welfare Reform Act 2012,] [F8income support or [F9, 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.
[F10(2A)A client to whom paragraphs (a) and (b) of subsection (2) above apply and to whom [F11advice 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 [F12or 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.]
F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F10(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 [F14or section 28A] of this Act.]
F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 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
F2Word 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
F3Words in s. 11(1) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(a), 15(3)
F4Words 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
F5Words 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
F6Word 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)
F7Words 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)
F8Words 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)
F9Words 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)
F10S. 11(2A)(3A) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(b), 15(3)
F11Words 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
F12Words 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
F13S. 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
F14Words 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
Modifications etc. (not altering text)
C3Pt. II (ss. 6-12) applied by S.I. 1988/2290, reg. 3
C4S. 11 modified (7.10.1996) by S.I. 1996/2447, reg. 5(1)(b)
C5S. 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
C6S. 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)