Legal Aid (Scotland) Act 1986

Changes to legislation:

Legal Aid (Scotland) Act 1986, Section 11 is up to date with all changes known to be in force on or before 08 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 11:

s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
s. 9A 9B inserted by 2013 asp 3 s. 18(2)
s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
s. 11(2)(b) words repealed by 2012 c. 5 Sch. 14 Pt. 1
s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
s. 25AC 25AD inserted by 2013 asp 3 s. 20

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 4(2)(aba) (abb) inserted by 2007 asp 5 s. 75(2)
s. 4(2)(aba) word substituted by S.S.I. 2011/235 art. 5(2)(a) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
s. 4(2)(abb) word substituted by S.S.I. 2011/235 art. 5(2)(b) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
s. 4(2)(ba) inserted by 2007 asp 5 s. 70(1)
s. 4(3)(ca) (cb) inserted by 2007 asp 5 s. 75(3)
s. 9A 9B inserted by 2013 asp 3 s. 18(2)
s. 10(1A) (1B) inserted by 2007 asp 5 s. 69(3)
s. 12C and cross-heading inserted by 2007 asp 5 s. 70(2)
s. 17(2C)-(2I) inserted by 2007 asp 5 s. 75(4)
s. 17(2DA)(2DB) s. 17(2C)(2D) renumbered as s. 17(2DA)(2DB) by S.S.I. 2011/235 art. 5(3) (This amendment comes into force immediately after the commencement of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5), s. 75, see art. 2(2). That provision is still prospective.)
s. 25AA(5)-(9) inserted by 2013 asp 3 s. 21
s. 25AC 25AD inserted by 2013 asp 3 s. 20

11 [F1Clients' contributions: general]S

(1)A client shall not be required to pay any fees or outlays in respect of advice and assistance received by him in pursuance of this Part of this Act except in accordance with subsection (2) [F2or] [F3, (2A)] F4... below [F5or, where applicable, section 11A].

(2)Where—

(a)a client’s disposable income exceeds [F6£105] a week; and

(b)he is not (directly or indirectly) in receipt of [F7universal credit under Part 1 of the Welfare Reform Act 2012,] [F8income support or [F9, an income-based jobseeker's allowance (payable under the Jobseekers Act 1995) or an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance),]]

he shall be liable to pay, in respect of the advice and assistance, fees or outlays up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under this section, and such regulations may prescribe different maximum payments for different amounts of disposable income and for different cases or classes of case.

[F10(2A)A client to whom paragraphs (a) and (b) of subsection (2) above apply and to whom [F11advice and assistance (other than assistance by way of representation to which section 9A applies)] has been provided by a solicitor employed by the Board under sections 26 and 27 [F12or section 28A] of this Act shall pay to the Board such contribution in that respect as the Board may, subject to subsection (3A) below, determine.]

F13(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10(3A)The amount determined by the Board under subsection (2A) above shall not exceed the amount which would be charged by a solicitor who is not employed by the Board under sections 26 and 27 [F14or section 28A] of this Act.]

F13(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 11 title substituted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(2), 25(2); S.S.I. 2013/262, art. 2

F2Word in s. 11(1) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(a)(i), 25(2); S.S.I. 2013/262, art. 2

F3Words in s. 11(1) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(a), 15(3)

F4Words in s. 11(1) repealed (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(6)(a)(ii), 25(2); S.S.I. 2013/262, art. 2

F5Words in s. 11(1) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 19(1), 25(2); S.S.I. 2013/262, art. 2

F6Word in s. 11(2)(a) substituted (11.4.2011) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217), regs. 1, 4(4) (with reg. 3)

F7Words in s. 11(2)(b) inserted (29.4.2013) by The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 (S.S.I. 2013/137), regs. 1, 3(3)

F8Words in s. 11(2)(b) substituted (8.4.2003) by Tax Credits Act 2002 (c. 21), ss. 47, 61, Sch. 3 para. 12; S.I. 2003/962, art. 2(4)(d)

F9Words in s. 11(2)(b) substituted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28(1), 70(2), Sch. 3 para. 4(3); S.I. 2008/787, art. 2(4)(f)

F10S. 11(2A)(3A) inserted (6.7.2001) by 2001 asp 7, ss. 9(2)(b), 15(3)