The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2007

Citation and commencement

1.  These Regulations may be cited as the Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2007 and shall come into force on 1st May 2007.

Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993

2.  The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993(1) are amended in accordance with the following regulations.

3.  In regulation 2 (interpretation)–

(a) after the definition of “the Act”, insert–

““distinct matter” shall be construed in accordance with regulation 8A(2) of the Advice and Assistance (Scotland) Regulations 1996(2)”; and

(b) for “1993”, on each occasion it occurs, substitute “2001”.

4.  For regulation 3 (financial limit) substitute–

“There is substituted in the place of the sum of £50 specified in section 10(2) of the Act as originally enacted–

(a) in a case to which regulation 4 of these Regulations applies–

(i) where the advice and assistance or assistance by way of representation relates to a civil matter which is a distinct matter or to a civil matter which is not distinct but following application to the Scottish Legal Aid Board is to be treated as if it were so, the sum of £180; and

(ii) in any other case, the sum of £150; and

(b) in a case to which regulation 4 of these Regulations does not apply–

(i) where the advice and assistance or assistance by way of representation relates to a children’s matter, a civil matter which is a distinct matter or a civil matter which is not distinct but following application to the Scottish Legal Aid Board is to be treated as if it were so, the sum of £95;

(ii) where the advice and assistance or assistance by way of representation relates to a civil matter not falling within sub paragraph (i), the sum of £35; and

(iii) in any other case, the sum of £80.”.

JOHANN M LAMONT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th March 2007