The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008 and shall come into force on 7th April 2008.

(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 advice and assistance is made on or after 7th April 2008.

Amendment of the Legal Aid (Scotland) Act 1986

3.  In section 8(a) of the Act(1) for “£215” substitute “£223”.

4.  In section 8 of the Act(2)for “£1,502” substitute “£1,561”.

5.  In section 11(2)(a) of the Act(3)for “£91” substitute “£95”.

Liability to pay fees or outlays under section 11(2) of the Act

6.  Subject to regulation 7, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act(4), where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column–

Disposable income range	Maximum contribution
1.  Exceeding £95 but not exceeding £102 a week	£7
2.  Exceeding £102 but not exceeding £109 a week	£14
3.  Exceeding £109 but not exceeding £116 a week	£21
4.  Exceeding £116 but not exceeding £123 a week	£28
5.  Exceeding £123 but not exceeding £130 a week	£35
6.  Exceeding £130 but not exceeding £137 a week	£42
7.  Exceeding £137 but not exceeding £144 a week	£49
8.  Exceeding £144 but not exceeding £151 a week	£56
9.  Exceeding £151 but not exceeding £158 a week	£63
10.  Exceeding £158 but not exceeding £165 a week	£70
11.  Exceeding £165 but not exceeding £172 a week	£77
12.  Exceeding £172 but not exceeding £179 a week	£84
13.  Exceeding £179 but not exceeding £186 a week	£91
14.  Exceeding £186 but not exceeding £193 a week	£98
15.  Exceeding £193 but not exceeding £200 a week	£105
16.  Exceeding £200 but not exceeding £207 a week	£112
17.  Exceeding £207 but not exceeding £214 a week	£119
18.  Exceeding £214 but not exceeding £223 a week	£124

7.—(1) Where a solicitor has approved and proceeded to provide advice and assistance by way of a diagnostic interview and the work undertaken is made up solely of a diagnostic interview, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act, where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column–

Disposable income range	Maximum contribution
1.  Exceeding £95 but not exceeding £123 a week	£7
2.  Exceeding £123 but not exceeding £151 a week	£14
3.  Exceeding £151 but not exceeding £179 a week	£21
4.  Exceeding £179 but not exceeding £200 a week	£28
5.  Exceeding £200 but not exceeding £223 a week	£35

(2) Paragraph (1) shall not apply where a solicitor has approved and proceeded to provide advice and assistance by way of a diagnostic interview for a matter which, upon application to the Board under regulation 8B(3) of the Advice and Assistance (Scotland) Regulations 1996(5), is determined by it to be treated as if it did relate to one or more distinct matters.

(3) In this regulation “diagnostic interview” has the meaning given in regulation 2(1), and “distinct matter” shall be construed in accordance with regulation 8A(2), of those Regulations.

Revocation

8.  The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2007(6) are revoked except in relation to any case where an application for advice and assistance is made before 7th April 2008.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th March 2008