The Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002

Scottish Statutory Instruments

2002 No. 329

LEGAL AID AND ADVICE

The Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002

Made

24th June 2002

Coming into force

1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(b) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, the Scottish Parliament:

Citation and commencement

1.  These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002 and shall come into force on 1st July 2002.

Application

2.  These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 1st July 2002.

Amendment of the Legal Aid (Scotland) Act 1986

3.  In section 8 of the Legal Aid (Scotland) Act 1986(2) (availability of advice and assistance), for “£1,000” there is substituted “£1,300”.

Revocation

4.  Regulation 3 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992(3) is hereby revoked except in relation to any case where an application for advice and assistance is made before 1st July 2002.

R J SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th June 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations, in relation to any case where an application for advice and assistance is made on or after 1st July 2002, increase the disposable capital limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £1,000 to £1,300 (regulation 3).

The Regulations also revoke regulation 3 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992 (which prescribed the previous disposable capital limit of £1,000) except in relation to any case where an application for advice and assistance is made before 1st July 2002 (regulation 4).

(1)

1986 c. 47; section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

The existing figure specified in section 8 was inserted by S.I. 1992/1587.

(3)

S.I. 1992/1587.