The Civil Legal Aid (Scotland) Regulations 1987

1. Introductory Text

2. Part I General

   1. 1. Citation and commencement

   2. 2. Revocations

   3. 3. Interpretation

   4. 4. Distinct proceedings for purposes of legal aid

3. Part II Applications for Legal Aid

   1. 5. Form of Application

   2. 6. Applications on behalf of children

   3. 7. Notification to opponent

   4. 8. Right of opponent to make representations

   5. 9. Attendance for interview and supply of information

4. Part III Assessment of Resources

   1. 10. Determination of disposable income and disposable capital

   2. 11. Circumstances in which resources of spouse not to be taken into account

   3. 12. Resources of applicant who is a child

   4. 13. Deprivation or conversion of resources

   5. 14. Assessment of disposable income, etc. in relation to appellate proceedings

   6. 15. Assessment of resources, etc. of person making application in a representative, fiduciary or official capacity

5. Part IV Determination of Applications

   1. 16. Applicant having joint interest, etc. with other persons

   2. 17. Applicant having rights and facilities in relation to litigation

   3. 18. Legal aid in matters of special urgency

   4. 19. Notification of decision

   5. 20. Application for review

6. Part V Conduct of Proceedings

   1. 21. Employment of counsel and expert witnesses

   2. 22. Execution of diligence

7. Part VI Changes of Circumstances

   1. 23. Duty to report changes of circumstances

   2. 24. Duty to report abuse of legal aid

   3. 25. Change of nominated solicitor

   4. 26. Duty to report completion of proceedings

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

   6. 28. Power of Board to amend determination

   7. 29. Termination of legal aid on change of circumstances

   8. 30. Termination of legal aid other than on change of circumstances

   9. 31. Right to recover amounts paid from the Fund and effect of ceasing to make legal aid available

8. Part VII Expenses

   1. 32. Payments out of property recovered or preserved

   2. 33. Liability of assisted person where legal aid received in part of matter

   3. 34. Liability of assisted person where legal aid ceases in part of matter

   4. 35. Liability for expenses of assisted person acting in a fiduciary, representative or official capacity

   5. 36. Liability for expenses of assisted person who is a child

   6. 37. Unassisted party acting in a fidiciary, representative or official capacity

   7. 38. Application for revision of award of expenses against assisted person

   8. 39. Recovery of sums due to Fund

   9. 40. Right of Board to security over heritable property

   10. 41. Interest on sums outstanding

   11. 42. Payment to solicitor who acts before award of legal aid made

9. Part VIII Particular Courts, Tribunals and Proceedings

   1. 43. Appeals to the House of Lords

   2. 44. Restrictive Practices Court

   3. 45. Employment Appeal Tribunal

   4. 46. Convention applications

   5. 47. Applications under the European Judgments Convention

10. Signature

11. 1. SCHEDULE 1

       REGULATIONS REVOKED

    2. SCHEDULE 2

       RULES FOR COMPUTING DISPOSABLE INCOME

       1. 1. The income of the person concerned from any source shall...

       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. (1) In computing the disposable income of the person concerned...

       5. 5. There shall be disregarded £4 a week of the income...

       6. 6. There shall be disregarded– (a) attendance allowance paid under the...

       7. 7. When the income of the person concerned consists, wholly or...

       8. 8. There shall be a deduction in respect of contributions payable...

       9. 9. (1) There shall be a deduction, in respect of rent...

       10. 10. If the person concerned is not a householder, there shall...

       11. 11. (1) There shall be a deduction in respect of the...

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

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

       14. 14. In computing the income from any source there shall be...

    3. SCHEDULE 3

       RULES FOR COMPUTING DISPOSABLE CAPITAL

       1. 1. Subject to the provisions of these Regulations, there shall be...

       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. Save in exceptional circumstances, nothing shall be included in the...

       9. 9. (1) In computing the amount of capital of the person...

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

       11. 11. The value of any life assurance or endowment policy shall...

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

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

       14. 14. In computing the amount of capital there shall be disregarded...

    4. SCHEDULE 4

12. Explanatory Note