C1C2Part IIAdvice and Assistance
Pt. II applied (24.3.2003) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (S.S.I. 2003/179), regs. 3-5 (as amended (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2); (26.1.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/13) regs. 1, 2(2); (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2); (8.11.2021) by The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 (S.S.I. 2021/368), regs. 1(1), 6(3))
11AF1Clients' contributions: specified criminal assistance by way of representation
1
This section applies where—
a
assistance by way of representation has been made available to a client under section 9A(1) (“the assistance”), and
b
the client—
i
has disposable income of, or exceeding, £82 per week and is not (directly or indirectly) in receipt of any of the benefits mentioned in section 11(2)(b), or
ii
has disposable capital of, or exceeding, £750.
2
The client is liable to pay a contribution in respect of the assistance provided of up to, but not in aggregate exceeding, such amount as may be prescribed by regulations made under section 33ZA(1).
3
Except where regulations made under section 33ZA(1) otherwise provide—
a
in a case where the assistance is being provided—
i
by a solicitor employed by the Board by virtue of sections 26 and 27 or, as the case may be, section 28A, or
ii
by counsel instructed by such a solicitor,
it is for the Board to determine the amount of and collect any contribution payable by the client under subsection (2), and
b
in any other case, it is for the solicitor to determine the amount of and collect any contribution payable by the client under subsection (2).
4
A contribution collected by the solicitor is to be treated as payment of a fee or outlay properly chargeable (in accordance with section 33).
Pt. II (ss. 6-12) applied (1.1.1998) by S.I. 1997/3070, regs. 3, 4, 5