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The Civil Legal Aid (Scotland) Amendment Regulations 2004

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Scottish Statutory Instruments

2004 No. 50

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Amendment Regulations 2004

Made

9th February 2004

Laid before the Scottish Parliament

10th February 2004

Coming into force

12th April 2004

The Scottish Ministers, in exercise of the powers conferred by section 36(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 Civil Legal Aid (Scotland) Amendment Regulations 2004 and shall come into force on 12th April 2004.

Application

2.  These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 12th April 2004.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.  In regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002(2), for “£4,275” substitute “£4,395”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th February 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 so that the requirement on the part of a person in receipt of civil legal aid to pay the amount of any net liability of the Scottish Legal Aid Fund shall not apply to the first £4,395 recovered or preserved by virtue of certain family proceedings (this sum is increased from £4,275).

(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.S.I. 2002/494, as amended by S.S.I. 2003/49 and 486.

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