The Advice and Assistance (Scotland) Amendment Regulations 2002

Scottish Statutory Instruments

2002 No. 495

LEGAL AID AND ADVICE

The Advice and Assistance (Scotland) Amendment Regulations 2002

Made

6th November 2002

Laid before the Scottish Parliament

7th November2002

Coming into force

1st December 2002

The Scottish Ministers, in exercise of the powers conferred by sections 12(3) and 37(1) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 2002 and shall come into force on 1st December 2002.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

2.  In regulation 16(2) of the Advice and Assistance (Scotland) Regulations 1996(2)–

(a) in sub-paragraph (b), for “£2,500” substitute “£4,200”; and

(b) at the end, insert–

“(1) to any payment of money in accordance with an order made by the Social Security Commissioners or the Child Support Commissioners or under any settlement arrived at to prevent or bring to an end proceedings in which such an order may be made”.

R J SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th November 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 to provide that a solicitor’s right to prior payment of fees and outlays out of any property recovered or preserved for a client in respect of advice and assistance shall not apply to–

(a) the first £4,200 recovered or preserved by virtue of certain family proceedings (this sum is increased from £2,500); and

(b) any money paid in accordance with an order made by the Social Security Commissioners or the Child Support Commissioners.

(1)

1986 c. 47. 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)

S.I. 1996/2447, as amended by S.I. 1996/726, 1998/724 and S.S.I. 2000/181 and 399.