The Children’s Legal Assistance (Scotland) Regulations 2013

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and Commencement

    2. 2.Interpretation

  3. PART 2 CHILDREN’S ASSISTANCE BY WAY OF REPRESENTATION

    1. 3.Amendment of the Advice and Assistance (Assistance By Way Of Representation) (Scotland) Regulations 2003

    2. 4.Amendment of the Advice and Assistance (Scotland) Regulations 1996

  4. PART 3 CHILDREN’S LEGAL AID

    1. 5.Children’s legal aid: individual

    2. 6.Distinct proceedings

    3. 7.Form of application

    4. 8.Applications by or on behalf of children

    5. 9.Attendance for interview and supply of information

    6. 10.Determination of disposable income and disposable capital

    7. 11.Circumstances in which resources of spouse not to be taken into account and resources of cohabitees

    8. 12.Deprivation or conversion of resources

    9. 13.Assessment of disposable income, etc. in relation to appellate proceedings

    10. 14.Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

    11. 15.Applicant having rights and facilities in relation to litigation

    12. 16.Contributions in respect of children’s legal aid

    13. 17.Liability to pay a contribution to the Fund

    14. 18.Matters of special urgency

    15. 19.Notification of decision

    16. 20.Application for review or review of conditions

    17. 21.Employment 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

    18. 22.Duty to report changes of circumstances

    19. 23.(1) The Board from time to time may directly request...

    20. 24.Duty to report abuse of children’s legal aid

    21. 25.Change of nominated solicitor

    22. 26.Duty to report

    23. 27.Power of Board to modify or impose conditions

    24. 28.Power of Board to amend determination

    25. 29.Power of Board to suspend availability of children’s legal aid

    26. 30.Termination of children’s legal aid on change of circumstances

    27. 31.Termination of children’s legal aid other than on change of circumstances

    28. 32.If an applicant or assisted person fails to provide information...

    29. 33.Termination of children’s legal aid in cases of false information, etc.

    30. 34.Termination on request by assisted person

  5. PART 4 CHILDREN’S LEGAL AID: DUTY SOLICITOR SCHEME

    1. 35.In circumstances where the Board has arranged, in accordance with...

  6. Signature

    1. SCHEDULE 1

      ASSESSMENT OF DISPOSABLE INCOME FOR THE PURPOSES OF CHILDREN’S LEGAL AID

      1. 1.(1) The income of the person concerned from any source...

      2. 2.The income in respect of any emolument, benefit or privilege...

      3. 3.(1) The income from a trade, business or gainful occupation...

      4. 4.In computing the income of the person concerned there is...

      5. 5.In computing the disposable income of the person concerned, there...

      6. 6.In computing the disposable income of the person concerned, there...

      7. 7.There is to be a deduction in respect of the...

      8. 8.(1) Subject to sub-paragraph (2), there is to be a...

      9. 9.If the person concerned is not a householder, there is...

      10. 10.(1) There is to be a deduction in respect of...

      11. 11.If the person concerned is making and, throughout such period...

      12. 12.Where the person concerned must provide for any other matter...

      13. 13.In computing the income from any source there is to...

    2. SCHEDULE 2

      ASSESSMENT OF DISPOSABLE CAPITAL FOR THE PURPOSES OF CHILDREN’S LEGAL AID

      1. 1.(1) Subject to these Regulations, there is to be included...

      2. 2.So far as any resource does not consist of money,...

      3. 3.Where money is due to the person concerned, whether immediately...

      4. 4.If the person concerned stands in relation to a company...

      5. 5.Where the person concerned is, or is to be treated...

      6. 6.The value of any interest, whether vested or contingent, of...

      7. 7.In computing the amount of capital of the person concerned...

      8. 8.In computing the amount of capital of the person concerned,...

      9. 9.Save in exceptional circumstances, nothing is to be included in...

      10. 10.(1) In computing the amount of capital of the person...

      11. 11.Where the person concerned has received or is entitled to...

      12. 12.The value of any life assurance or endowment policy is...

      13. 13.Where under any statute, bond, agreement, indemnity, guarantee or other...

      14. 14.An allowance may be made in respect of any debt...

      15. 15.(1) Where the person concerned is of pensionable age and...

      16. 16.In computing the amount of capital there is disregarded such...

  8. Explanatory Note