Amendment of the Civil Legal Aid (Scotland) Regulations 20023

1

The Civil Legal Aid (Scotland) Regulations 20027 are amended as follows.

2

In regulation 2(1) (interpretation)—

a

after the definition of “right of audience” insert—

  • “Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020;

b

after the definition of “Welfare Fund payment”8 insert—

  • “Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020;

  • “Windrush connected payment” means a payment where—

    1. a

      an individual has made a claim under the Windrush Compensation Scheme;

    2. b

      a request included in that claim has been referred by the Home Office to another person; and

    3. c

      the payment is made to the individual by that other person as a result of that referral;

3

In regulation 33 (payments out of property recovered or preserved: exceptions), after sub-paragraph (a)(xiv), insert—

xv

by way of any payment made under the Windrush Compensation Scheme;

xvi

by way of any Windrush connected payment;

xvii

by way of any Scottish child payment;

4

In schedule 2 (rules for computing disposable income), in paragraph 7 after sub-paragraph (g), insert—

h

any Scottish child payment.

5

In schedule 3 (rules for computing disposable capital), in paragraph 8 after sub-paragraph (c), insert—

d

any payment made under the Windrush Compensation Scheme;

e

any Windrush connected payment;

f

any Scottish child payment.