Legal Aid (Scotland) Act 1986

42 Disposable income and capital. S

(1) In this Act “disposable income” or “disposable capital” in relation to any person means his income or, as the case may be, the amount of his capital, after making such deductions and allowances as regulations made under this section may prescribe—

(a) in respect of maintenance of dependants, interest on loans, income tax, rates, rent and other matters for which that person must or reasonably may provide;

(b) to take account of the nature of his resources,

and does not include the subject matter of the dispute.

(2) Regulations made under this section may make provision as to the determination of a person’s income and the amount of his capital and in particular for determining whether any resources are to be treated as income or capital and for taking into account fluctuations of income, and different provision may be made for legal aid and for advice and assistance.

(3) Except in so far as regulations made under this section otherwise provide, the resources of a person’s spouse shall be treated for the purposes of this section as that person’s own resources, and such regulations may also make provision, in relation to minors and pupils and other special cases, for taking into account the resources of other persons.

[F1 (4) Regulations under this section may make different provision for—

(a) children's legal aid and legal aid other than children's legal aid,

(b) advice and assistance in relation to children's matters and advice and assistance other than advice and assistance in relation to children's matters.

(5) In subsection (4)(b), “ children's matters ” has the meaning given by section 4A(14). ]

Textual Amendments

F1 S. 42(4)(5) inserted (24.6.2013) by Children’s Hearings (Scotland) Act 2011 (asp 1), s. 206(2), sch. 5 para. 1(9) (with s. 186); S.S.I. 2013/195, arts. 2, 3

Modifications etc. (not altering text)

C1 S. 42 extended (7.10.1996) by S.I. 1996/2447, reg. 7(2)

C2 S. 42 amended by S.S.I. 2002/494, reg. 11(2) (as substituted (7.4.2003 with effect as mentioned in reg. 2 of the substituting S.S.I.) by The Civil Legal Aid (Scotland) Amendment Regulations 2003 (S.S.I. 2003/49), reg. 4)