38In Regulation 33 of the Civil Legal Aid (Scotland) Regulations 2002, for paragraph (c) there is substituted—
“(c)in respect of any article—
(i)which has, or has purported to have, been attached; and
(ii)in respect of which the sheriff has by virtue of subsection (3) of section 55 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), made an order under subsection (2) of that section;
(d)in respect of any article which is recovered or preserved from the effects of an attachment which, by virtue of—
(i)section 11(1) of that Act of 2002; or
(ii)the article not being a non-essential asset for the purposes of Part 3 of that Act,
is incompetent.”.