2004 No. 493

LEGAL AID AND ADVICE

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and by section 36(1), (2)(h) and (3)(d) of the Legal Aid (Scotland) Act 19862 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencementI11

These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 and shall come into force on 4th December 2004.

Annotations:
Commencement Information
I1

Reg. 1 in force at 4.12.2004, see reg. 1

Modification of the Legal Aid (Scotland) Act 1986

I22

After paragraph (ab) of section 4(3) insert–

ac

any sums recovered from a person who is receiving or has been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24, but who has available to him rights and facilities making it unnecessary for him to take advantage of the provisions of this Act.

Annotations:
Commencement Information
I2

Reg. 2 in force at 4.12.2004, see reg. 1

F13

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HUGH HENRYAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations modify the Legal Aid (Scotland) Act 1986 to provide the following:–

a

section 4 is modified to allow the Scottish Legal Aid Board to pay into the Scottish Legal Aid Fund sums recovered from persons who have received financial or other assistance from a body of which they are a member, where they have also been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24 of the Legal Aid (Scotland) Act 1986; and

b

section 15 is modified to implement Council Directive 2003/8/EC (O.J. No. L 26, 31.1.2003, p.41) as corrected by a corrigendum published on 7th February 2003 (O.J. No. L 32, 7.2.2003, p.15) which establishes common rules for legal aid in relation to cross border disputes. Section 15 is modified where it would otherwise be inconsistent with that Council Directive.