The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2000

Scottish Statutory Instruments

2000 No. 108

LEGAL AID AND ADVICE

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2000

Made

7th April 2000

Coming into force

10th April 2000

The Scottish Ministers, in exercise of the powers conferred on them by sections 11(2), 36(2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986(1) 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 interpretation

1.—(1) These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2000 and shall come into force on 10th April 2000.

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

Application

2.  These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 10th April 2000.

Amendment of the Act

3.  For the weekly sum of £178 specified in section 8(a) of the Act(2), there shall be substituted the weekly sum of £180.

4.  For the weekly sum of £75 specified in section 11(2)(a) of the Act(3), there shall be substituted the weekly sum of £76.

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

5.  The maximum amount of fees or outlays which a client shall be liable to pay under section 11(2) of the Act(4), where his disposable income falls within a range specified in the first column of the following table, shall be the amount specified in relation to that range in the second column:–

Disposable income range	Maximum contribution
1.  Exceeding £76 but not exceeding £83 a week	£7
2.  Exceeding £83 but not exceeding £90 a week	£14
3.  Exceeding £90 but not exceeding £97 a week	£21
4.  Exceeding £97 but not exceeding £104 a week	£28
5.  Exceeding £104 but not exceeding £111 a week	£35
6.  Exceeding £111 but not exceeding £118 a week	£42
7.  Exceeding £118 but not exceeding £125 a week	£49
8.  Exceeding £125 but not exceeding £132 a week	£56
9.  Exceeding £132 but not exceeding £139 a week	£63
10.  Exceeding £139 but not exceeding £146 a week	£70
11.  Exceeding £146 but not exceeding £153 a week	£77
12.  Exceeding £153 but not exceeding £160 a week	£84
13.  Exceeding £160 but not exceeding £167 a week	£91
14.  Exceeding £167 but not exceeding £174 a week	£98
15.  Exceeding £174 but not exceeding £180 a week	£104

Revocation

6.  The Advice and Assistance (Financial Conditions) (Scotland) Regulations 1999(5) are hereby revoked except in relation to any case where an application for advice and assistance is made before 10th April 2000.

ANGUS MacKAY

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th April 2000

Explanatory Note

(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 2000–

(a) increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £178 a week to £180 a week (regulation 3);

(b) increase the weekly disposable income above which a person is required to pay a contribution from £75 to £76 (regulation 4); and

(c) prescribe the scale of contributions to be paid where the weekly disposable income exceeds £76 but does not exceed £180 (regulations 5).

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1999 except in relation to any case where an application for advice and assistance is made before 10th April 2000 (regulation 6).

(1)

1986 c. 47; section 11(2) was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 61 and by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 9 and section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

The existing figure specified in section 8(a) was inserted by S.I. 1999/1020.

(3)

The existing figure specified in section 11(2)(a) was inserted by S.I. 1999/1020.

(4)

The existing maximum amounts are specified in S.I. 1999/1020.

(5)

S.I. 1999/1020.