2008 No. 137
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 11(2) and 36(2)(b) of the Legal Aid (Scotland) Act 19861 and of all other powers enabling them to do so.
In accordance with section 37(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008 and shall come into force on 7th April 2008.
2
In these Regulations “the Act” means the Legal Aid (Scotland) Act 1986.
Application2
These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 7th April 2008.
Amendment of the Legal Aid (Scotland) Act 1986
3
In section 8(a) of the Act2 for “£215” substitute “£223”.
4
In section 8 of the Act3for “£1,502” substitute “£1,561”.
5
In section 11(2)(a) of the Act4for “£91” substitute “£95”.
Liability to pay fees or outlays under section 11(2) of the Act
6
Subject to regulation 7, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act5, where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column–
Disposable income range | Maximum contribution |
---|---|
| £7 |
| £14 |
| £21 |
| £28 |
| £35 |
| £42 |
| £49 |
| £56 |
| £63 |
| £70 |
| £77 |
| £84 |
| £91 |
| £98 |
| £105 |
| £112 |
| £119 |
| £124 |
7
1
Where a solicitor has approved and proceeded to provide advice and assistance by way of a diagnostic interview and the work undertaken is made up solely of a diagnostic interview, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act, where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column–
Disposable income range | Maximum contribution |
---|---|
| £7 |
| £14 |
| £21 |
| £28 |
| £35 |
2
Paragraph (1) shall not apply where a solicitor has approved and proceeded to provide advice and assistance by way of a diagnostic interview for a matter which, upon application to the Board under regulation 8B(3) of the Advice and Assistance (Scotland) Regulations 19966, is determined by it to be treated as if it did relate to one or more distinct matters.
3
In this regulation “diagnostic interview” has the meaning given in regulation 2(1), and “distinct matter” shall be construed in accordance with regulation 8A(2), of those Regulations.
Revocation8
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 20077 are revoked except in relation to any case where an application for advice and assistance is made before 7th April 2008.
(This note is not part of the Regulations)