Version Superseded: 12/04/2010
Point in time view as at 07/04/2009. This version of this provision has been superseded.
Legal Aid (Scotland) Act 1986, Section 15 is up to date with all changes known to be in force on or before 11 March 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.
(1)A person shall be eligible for civil legal aid if his disposable income does not exceed [F1£25,000] a year.
(2)A person may be refused civil legal aid if—
(a)his disposable capital exceeds [F2£12,439]; and
(b)it appears to the Board that he can afford to proceed without legal aid.
(3)For the purposes of this section, a person’s disposable income and disposable capital shall be determined by the Board.
[F3(4)The provisions of this section are subject to Article 5 of Council Directive 2003/8/EC of the European Council on improving access to justice in cross border disputes by establishing minimum common rules relating to legal aid for such disputes, and the provisions of this section shall be construed accordingly M1.]
Textual Amendments
F1Word in s. 15(1) substituted (7.4.2009) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009 (S.S.I. 2009/143), reg. 4(5) (with application as mentioned in reg. 3(2) and with regs. 8, 9)
F2Word in s. 15(2)(a) substituted (7.4.2009) by The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009 (S.S.I. 2009/143), reg. 4(6) (with application as mentioned in reg. 3(2) and with regs. 8, 9)
F3S. 15(4) added (4.12.2004) by The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 (S.S.I. 2004/493), reg. 3
Modifications etc. (not altering text)
C1S. 15 modified (7.10.1996) by S.I. 1996/2444, reg. 47(2)(a)
S. 15 modified (1.12.2002) by The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2002 (S.S.I. 2002/494), reg. 45
S. 15 modified (1.12.2002) by The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2002 (S.S.I. 2002/494), reg. 46(2)(a)
C2S. 15 excluded by S.I. 1987/381, regs. 46(2)(a), 47(2)(a)
Marginal Citations
M1O.J. No. L 26, 31.1.2003, p.41 as corrected by a corrigendum published on 7th February 2003 (O.J. No. L 32, 7.2.2003, p.15).
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