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Statutory Instruments of the Scottish Parliament

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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 123

      LEGAL AID AND ADVICE

      The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2001

        Made 26th March 2001 
        Coming into force 9th April 2001 

      The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(b) of the Legal Aid (Scotland) Act 1986[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, the Scottish Parliament:

      Citation, commencement and interpretation
           1.  - (1) These Regulations may be cited as the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2001 and shall come into force on 9th April 2001.

          (2) In these Regulations, "the Act" means the Legal Aid (Scotland) Act 1986.

      Application
                 2. These Regulations shall apply only in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board on or after 9th April 2001.

      Amendment of the Act
                 3. For the yearly amount of £8,891 specified in section 15(1) of the Act[2], there shall be substituted the yearly amount of £9,034.

           4. For the yearly amount of £2,723 specified in section 17(2)(a) of the Act[3], there shall be substituted the yearly amount of £2,767.

      Revocation
           5. The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2000[4] are hereby revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 9th April 2001.


      JAMES R WALLACE
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      26th March 2001

      EXPLANATORY NOTE

      (This note is not part of the Regulations)

      These Regulations increase certain of the financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

      The income limits are increased to make eligible for civil legal aid, persons with a yearly disposable income of not more than £9,034 (instead of £8,891) and to make eligible without payment of a contribution, persons with a yearly disposable income of not more than £2,767 (instead of £2,723) (regulations 3 and 4).

      The Regulations only apply in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board on or after 9th April 2001 (regulation 2).

      The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2000 are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 9th April 2001 (regulation 5).

       [1] 1986 c.47; section 36(2)(b) was amended by the Legal Aid Act 1988 (c.34), Schedule 4, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

      [2] The existing figure specified in section 15(1) was inserted by S.S.I. 2000/107.back

      [3] The existing figure specified in section 17(2)(a) was inserted by S.S.I. 2000/107.back

      [4] S.S.I. 2000/107back


      ISBN 0-11-059662-5


 



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Prepared 18 April 2001
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