Search Legislation

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2004 No. 493

LEGAL AID AND ADVICE

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2004

Made

11th November 2004

Laid before the Scottish Parliament

12th November 2004

Coming into force

4th December 2004

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and by section 36(1), (2)(h) and (3)(d) of the Legal Aid (Scotland) Act 1986(2) 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 Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 and shall come into force on 4th December 2004.

Modification of the Legal Aid (Scotland) Act 1986

2.  After paragraph (ab) of section 4(3) insert–

(ac)any sums recovered from a person who is receiving or has been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24, but who has available to him rights and facilities making it unnecessary for him to take advantage of the provisions of this Act..

3.  At the end of section 15 add–

(4) The provisions of this section are subject to Article 5 of Council Directive 2003/8/EC of the European Council on improving access to justice in cross border disputes by establishing minimum common rules relating to legal aid for such disputes, and the provisions of this section shall be construed accordingly(3)..

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

11th November 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify the Legal Aid (Scotland) Act 1986 to provide the following:–

(a)section 4 is modified to allow the Scottish Legal Aid Board to pay into the Scottish Legal Aid Fund sums recovered from persons who have received financial or other assistance from a body of which they are a member, where they have also been in receipt of advice and assistance, civil legal aid or criminal legal aid under section 24 of the Legal Aid (Scotland) Act 1986; and

(b)section 15 is modified to implement Council Directive 2003/8/EC (O.J. No. L 26, 31.1.2003, p.41) as corrected by a corrigendum published on 7th February 2003 (O.J. No. L 32, 7.2.2003, p.15) which establishes common rules for legal aid in relation to cross border disputes. Section 15 is modified where it would otherwise be inconsistent with that Council Directive.

(1)

1972 c. 68; section 2(2) was amended by the Scotland Act (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(2)

1986 c. 47; section 36 was amended for purposes not relevant to these regulations. The functions of the Secretary of State were transferred to Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

(3)

O.J. No. L 26, 31.1.2003, p.41 as corrected by a corrigendum published on 7th February 2003 (O.J. No. L 32, 7.2.2003, p.15).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources