The Civil Legal Aid (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 as follows:–

(a) where the Scottish Legal Aid Board is satisfied that an application to the Court of Session for review of a decision of the Asylum and Immigration Tribunal (established by section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004) is initiated as a matter of special urgency, the Scottish Legal Aid Board may make legal aid available for the initiation of that application before an application for civil legal aid is made (regulation 4(a));

(b) 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 £4,531 recovered or preserved by virtue of certain family proceedings (this sum is increased from £4,395) (regulation 4(b));

(c) transitional provision is made for the application of regulation 4(a) to applications for review of a decision of the Immigration Appeal Tribunal which are preserved by Articles 7 and 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 5 and Transitional Provisions) Order 2005. The Immigration Appeal Tribunal is replaced by the Asylum and Immigration Tribunal on 4th April 2005 (regulation 5).