The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2001

Scottish Statutory Instruments

2001 No. 124

LEGAL AID AND ADVICE

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2001

Made

26th March 2001

Coming into force

9th April 2001

The Scottish Ministers, in exercise of the powers conferred 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 2001 and shall come into force on 9th April 2001.

(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 9th April 2001.

Amendment of the Act

3.  For the weekly sum of £180 specified in section 8(a) of the Act(2), there shall be substituted the weekly sum of £186.

4.  For the weekly sum of £76 specified in section 11(2)(a) of the Act(3), there shall be substituted the weekly sum of £79.

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 £79 but not exceeding £86 a week	£7
2.   Exceeding £86 but not exceeding £93 a week	£14
3.   Exceeding £93 but not exceeding £100 a week	£21
4.   Exceeding £100 but not exceeding £107 a week	£28
5.   Exceeding £107 but not exceeding £114 a week	£35
6.   Exceeding £114 but not exceeding £121 a week	£42
7.   Exceeding £121 but not exceeding £128 a week	£49
8.   Exceeding £128 but not exceeding £135 a week	£56
9.   Exceeding £135 but not exceeding £142 a week	£63
10.   Exceeding £142 but not exceeding £149 a week	£70
11.   Exceeding £149 but not exceeding £156 a week	£77
12.   Exceeding £156 but not exceeding £163 a week	£84
13.   Exceeding £163 but not exceeding £170 a week	£91
14.   Exceeding £170 but not exceeding £177 a week	£98
15.   Exceeding £177 but not exceeding £186 a week	£107

Revocation

6.  The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2000(5) are hereby revoked except in relation to any case where an application for advice and assistance is made before 9th April 2001.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th March 2001

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 9th April 2001–

(a) increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £180 a week to £186 a week (regulation 3);

(b) increase the weekly disposable income above which a person is required to pay a contribution from £76 to £79 (regulation 4); and

(c) prescribe the scale of contributions to be paid where the weekly disposable income exceeds £79 but does not exceed £186 (regulation 5).

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2000 except in relation to any case where an application for advice and assistance is made before 9th April 2001 (regulation 6).

(1)

1986 c. 47; section 11(2) was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 61, the Job Seekers Act 1995 (c. 18), Schedule 2, paragraph 9 and the Access to Justice Act 1999 (c. 22), section 33. 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.S.I. 2000/108.

(3)

The existing figure specified in section 11(2)(a) was inserted by S.S.I. 2000/108.

(4)

The existing maximum amounts are specified in S.S.I. 2000/108.

(5)

S.S.I. 2000/108