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The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023
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- Scottish Statutory Instruments
- 2023 No. 11
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend existing legal aid regulations in Scotland in consequence of the Social Security (Additional Payments) Act 2022 (“the 2022 Act”), the Social Fund Winter Fuel Payment (Temporary Increase) Regulations 2022 (“the 2022 Regulations”) and the Scottish Infected Blood Support Scheme. The Regulations also make provision for Assistance by Way of Representation to be available to siblings with rights to participate in Children’s hearings.
Regulation 2 amends the Advice and Assistance (Scotland) Regulations 1996 to provide that compensatory payments made under the Scottish Infected Blood Support Scheme, and additional payments introduced in response to increases in the cost of living under the 2022 Act and 2022 Regulations are to be disregarded by the Scottish Legal Aid Board (“SLAB”) in the assessment and computation of an applicant’s disposable capital and income. This regulation also excludes such payments from bearing fees and outlays when forming part of any recovered or preserved property in proceedings.
Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002 to similar effect as regulation 2 in respect of payment of civil legal aid. Regulation 5 amends the Children’s Legal Assistance (Scotland) Regulations 2013 to similar effect in respect of payment of children’s legal assistance.
Regulation 4 amends the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 to provide for Assistance by Way of Representation to be available to siblings who have rights in terms of the Children’s Hearings (Scotland) Act 2011 (Rules of Procedure in Children’s Hearings) Rules 2013 (S.S.I. 2013/194) to participate in Children’s hearings. Regulation 4 also corrects an incorrect reference to “pre-hearing panel meeting”.
A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.
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