Citation and commencement

1.—(1) These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020.

(2) These Regulations come into force on 5 February 2021.

Amendment of the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

2.—(1) The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996( 2) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “safeguarder”( 3), insert—

““Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020( 4) ; ”,

(b) after the definition of “Welfare Fund payment”( 5), insert—

““Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020( 6) ;

“Windrush connected payment” means a payment where—

(3) In regulation 16(2) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (a)(xi), insert—

“(xii) by way of any payment made under the Windrush Compensation Scheme;

(xiii) by way of any Windrush connected payment;

(xiv) by way of any Scottish child payment. ”.

(4) In schedule 2 (assessment of disposable capital and disposable income), in paragraph 5—

(a) omit “and” following sub-paragraph (ba),

(b) after sub-paragraph (bb), insert—

“(bc) there shall be left out of account—

(i) any payment made under the Windrush Compensation Scheme;

(ii) any Windrush connected payment; ”,

(c) after sub-paragraph (d)(l), insert—

“(m) Scottish child payment. ”.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.—(1) The Civil Legal Aid (Scotland) Regulations 2002( 7) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “right of audience” insert—

““Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020; ”,

(b) after the definition of “Welfare Fund payment”( 8) insert—

““Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020;

“Windrush connected payment” means a payment where—

(3) In regulation 33 (payments out of property recovered or preserved: exceptions), after sub-paragraph (a)(xiv), insert—

“(xv) by way of any payment made under the Windrush Compensation Scheme;

(xvi) by way of any Windrush connected payment;

(xvii) by way of any Scottish child payment; ”.

(4) In schedule 2 (rules for computing disposable income), in paragraph 7 after sub-paragraph (g), insert—

“(h) any Scottish child payment. ”.

(5) In schedule 3 (rules for computing disposable capital), in paragraph 8 after sub-paragraph (c), insert—

“(d) any payment made under the Windrush Compensation Scheme;

(e) any Windrush connected payment;

(f) any Scottish child payment. ”.

Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013

4.—(1) The Children’s Legal Assistance (Scotland) Regulations 2013( 9) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit “and” following the definition of “relevant person”,

(b) after the definition of “safeguarder”, insert—

““Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020;

“Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020; and

“Windrush connected payment” means a payment where—

(3) In schedule 1 (assessment of disposable income for the purposes of children’s legal aid), in paragraph 5, after paragraph (g), insert—

“(h) any Scottish child payment. ”.

(4) In schedule 2 (assessment of disposable capital for the purposes of children’s legal aid), in paragraph 8 after paragraph (c), insert—

“(d) any payment made under the Windrush Compensation Scheme;

(e) any Windrush connected payment;

(f) any Scottish child payment. ”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend existing legal aid regulations in Scotland in consequence of the Windrush Compensation Scheme (Expenditure) Act 2020 and the Scottish Child Payment Regulations 2020.

Regulation 2 amends the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996, to provide that payments made from or in connection with the Windrush Compensation Scheme and Scottish child payments are disregarded by the Scottish Legal Aid Board (“SLAB”) in the assessment and computation of an applicant’s disposable capital and income in respect of payment of advice and assistance. This regulation also excludes such payments from bearing fees and outlays when forming part of any recovered or preserved property in proceedings.

Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002, to provide that payments made from or in connection with the Windrush Compensation Scheme and Scottish child payments are disregarded by SLAB in the assessment and computation of an applicant’s disposable capital in respect of payment of civil legal aid. This regulation also excludes such payments from bearing fees and outlays when forming part of any recovered or preserved property in proceedings. Scottish child payments are also disregarded in the assessment and computation of an applicant’s disposable income.

Regulation 4 amends the Children’s Legal Assistance (Scotland) Regulations 2013, to provide that payments made from or in connection with the Windrush Compensation Scheme and Scottish child payments are to be disregarded by SLAB in the assessment and computation of an applicant’s disposable capital in respect of payment of children’s legal assistance. Scottish child payments are also disregarded in assessment and computation of an applicant’s disposable income.

A partial Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh, EH1 3DG.