The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988

Statutory Instruments

1988 No. 2289 (S.224)

LEGAL AID AND ADVICE, SCOTLAND

The Legal Aid (Scotland) Act 1986 Amendment Regulations 1988

Made

16th December 1988

Coming into force

17th December 1988

The Secretary of State, in exercise of the powers conferred on him by section 13(4), of the Legal Aid (Scotland) Act 1986 (1), and of all other powers enabling him in that behalf, hereby makes the following Regulations of which a draft has, in accordance with section 37(2) of that Act, been laid before Parliament, and approved by resolution of each House of Parliament:

Citation and commencement

1.  These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 1988 and shall come into force on 17th December 1988.

Addition of small claim processes to Excepted Proceedings

2.  At the end of paragraph 3 of Part II (Excepted Proceedings) of Schedule 2 to the Legal Aid (Scotland) Act 1986 (2)there shall be added the following:—

“small claim processes at first instance under section 35(2) of the Sheriff Courts (Scotland) Act 1971 (3) (summary causes).”.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

16th December 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations add the small claim process to the Excepted Proceedings for which Civil Legal Aid is not available.

(1)

1986 c. 47

(2)

Part II of Schedule 2 was amended by the Debtors (Scotland) Act 1987 (c. 18), section 98.

(3)

1971 c. 58; section 35(2) was substituted by section 18(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)