The Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988

Amendment of financial limit

2.—(1) In section 10(2) of the Legal Aid (Scotland) Act 1986 (1), in the classes of case defined in paragraph (2) below, there is substituted, in place of the sum of £60 therein specified, the sum of £150.

(2) The £150 specified above shall be the financial limit up to which a solicitor may, without the prior consent of the Board, continue to provide —

(a) assistance by way of representation when a second or subsequent diet has been ordered by the court, or

(b) advice and assistance, provided he is satisfied that —

(i) the matter on which advice and assistance is provided is likely to be resolved only by preparing for proceedings in a civil court;

(ii) the cost of preparation of and making an application for civil legal aid will exceed the limit of £60 specified

(iii) it is likely, on the information provided to him, that the applicant will qualify on financial grounds for civil legal aid; and

(iv) it is reasonable in the circumstances of the case.

(1)

Section 10(2) was amended by S.I. 1988/1389