The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009

Citation, commencement and interpretation

1.  These Regulations may be cited as the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009 and come into force on 7th April 2009.

2.  In these Regulations “the Act” means the Legal Aid (Scotland) Act 1986.

Application

3.—(1) Paragraphs (1) to (3) of regulation 4 and regulations 6 and 1 apply only in relation to any case where an application for advice and assistance is made on or after 7th April 2009.

(2) Paragraphs (4) to (7) of regulation 4 and regulation 5 apply only in relation to any case where an application for civil legal aid is made on or after 7th April 2009.

Amendment of the Act

4.—(1) The Act is amended in accordance with paragraphs 4(1) to 4(7).

(2) In section 8(a) (which specifies the weekly disposable income limit for advice and assistance), for “£223” substitute “£234”(1).

(3) In section 8 (which specifies the disposable capital limit for advice and assistance), for “£1,561” substitute “£1,639”(2).

(4) In section 11(2)(a) (which specifies the weekly disposable income threshold for payment in respect of advice and assistance), for “£95” substitute “£100”(3).

(5) In section 15(1) (which specifies the annual disposable income limit for civil legal aid), for “£10,306” substitute “£25,000”(4).

(6) In section 15(2)(a) (which specifies the disposable capital limit for civil legal aid), for “£11,847” substitute “£12,439”(5).

(7) In section 17(2)(a) (which, amongst other things, specifies the annual disposable income threshold for contributions in respect of civil legal aid), for “£3,156” substitute “£3,355”(6).

(8) In section 17(2)(b) (which specifies the disposable capital threshold for contributions in respect of civil legal aid), for “£7,147” substitute “£7,504”(7).

Liability to contribute to the Fund under section 17(2)(a) of the Act

5.  For the purposes of section 17(2)(a) of the Act (which, amongst other things, specifies the proportion of disposable income which an income contribution in respect of civil legal aid cannot exceed), the proportion of the excess prescribed is 67.1%(8).

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

6.  Unless regulation 1 applies, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act(9) (under which clients are liable to pay fees and outlays in respect of advice and assistance), where that client’s weekly disposable income falls within a range specified in the first column of the following table, is the corresponding amount specified in the second column:–

Weekly disposable income	Maximum contribution
1.  Exceeding £100 but not exceeding £107	£7
2.  Exceeding £107 but not exceeding £114	£14
3.  Exceeding £114 but not exceeding £121	£21
4.  Exceeding £121 but not exceeding £128	£28
5.  Exceeding £128 but not exceeding £135	£35
6.  Exceeding £135 but not exceeding £142	£42
7.  Exceeding £142 but not exceeding £149	£49
8.  Exceeding £149 but not exceeding £156	£56
9.  Exceeding £156 but not exceeding £163	£63
10.  Exceeding £163 but not exceeding £170	£70
11.  Exceeding £170 but not exceeding £177	£77
12.  Exceeding £177 but not exceeding £184	£84
13.  Exceeding £184 but not exceeding £191	£91
14.  Exceeding £191 but not exceeding £198	£98
15.  Exceeding £198 but not exceeding £205	£105
16.  Exceeding £205 but not exceeding £212	£112
17.  Exceeding £212 but not exceeding £219	£119
18.  Exceeding £219 but not exceeding £226	£126
19.  Exceeding £226 but not exceeding £234	£134

7.—(1) Subject to paragraph (1), this regulation applies 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.

(2) This regulation does not apply where, pursuant to the solicitor’s application, the Board determines that the subject matter of the diagnostic interview should be treated as if it were a distinct matter.

(3) In this regulation “diagnostic interview” has the meaning given in regulation 2(1) of the Advice and Assistance (Scotland) Regulations 1996(10) and “distinct matter” shall be construed in accordance with regulation 8A(2) of those Regulations.

(4) Where this regulation applies, 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 weekly disposable income falls within a range specified in the first column of the following table, is the corresponding amount specified in the second column:–

Weekly disposable income	Maximum contribution
1.  Exceeding £100 but not exceeding £128	£7
2.  Exceeding £128 but not exceeding £156	£14
3.  Exceeding £156 but not exceeding £184	£21
4.  Exceeding £184 but not exceeding £212	£28
5.  Exceeding £212 but not exceeding £234	£35

Revocations

8.  The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008(11) are revoked, except in relation to any case where an application for advice and assistance is made before 7th April 2009.

9.  Except in relation to any case where an application for civil legal aid is made before 7th April 2009, the following Regulations are revoked:–

(a) the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008(12); and

(b) the Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 1993(13).

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2nd April 2009