The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982 S

5.—(1) Sections 8, 11 and 12(3) of the Act M1 shall be modified to the extent provided in the following sub-paragraphs in the case of an application for advice and assistance in relation to the recognition of enforcement of a judgment under section 5 of the Civil Jurisdiction and Judgments Act 1982 M2 by an applicant to whom this regulation applies, namely:–

(a) section 8 shall be modified so as to provide that such advice and assistance shall be made available whether within or furth of Scotland without regard to the income or capital of an applicant to whom this regulation applies;

(b) section 11 shall be modified so as to provide that such applicant shall, irrespective of his disposable income, not require to pay any fees or outlays in respect of such advice and assistance; and

(c) section 12(3) shall be modified so as to provide that fees or outlays to which section 12 applies shall be paid to the solicitor in respect of such advice and assistance provided to such applicant–

(i) firstly, in priority to all other debts, out of any expenses which (by virtue of a judgment or order of a court or an agreement or otherwise) are payable to the applicant by any other person in respect of the matter in connection with which the advice and assistance is provided; and

(ii) secondly, by the Board out of the Fund, following receipt by it of a claim submitted by the solicitor.

(2) This regulation applies to–

(a) an applicant who seeks advice and assistance in relation to the enforcement of a decision given by an administrative authority in Denmark or Iceland and who presents a statement from, respectively, the Danish Ministry of Justice or the Icelandic Ministry of Justice to the effect that he fulfils the economic requirements to qualify for the grant of complete or partial legal aid or exemption from costs or expenses; and

(b) an applicant who, in the State of origin of the judgment, has benefited from complete or partial legal aid or exemption from costs or expenses.

Marginal Citations

M1 Sections 8 and 11 of the Legal Aid (Scotland) Act 1986 were amended by the Social Security Act 1986 (c.50), Schedule 10, paragraph 61.

M2 1982 c.27; section 5 was amended by the Civil Jurisdiction and Judgments Act 1991 (c.12), Schedule 2, paragraph 2.