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The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005 and shall come into force on 11th April 2005.

(2) In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

Application

2.  These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 11th April 2005.

Amendment of the Legal Aid (Scotland) Act 1986

3.  For the weekly sum of £197 specified in section 8(a) of the Act(1) substitute the weekly sum of £203.

4.  For the capital sum of £1,370 specified in section 8 of the Act(2) substitute the capital sum of £1,412.

5.  For the weekly sum of £83 specified in section 11(2)(a) of the Act(3) substitute the weekly sum of £86.

Liability to pay fees or outlays under section 11(2) of the Act

6.  The maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act(4), where that client’s disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column:–

Disposable income rangeMaximum contribution

1.  Exceeding £86 but not exceeding £93 a week

£7

2.  Exceeding £93 but not exceeding £100 a week

£14

3.  Exceeding £100 but not exceeding £107 a week

£21

4.  Exceeding £107 but not exceeding £114 a week

£28

5.  Exceeding £114 but not exceeding £121 a week

£35

6.  Exceeding £121 but not exceeding £128 a week

£42

7.  Exceeding £128 but not exceeding £135 a week

£49

8.  Exceeding £135 but not exceeding £142 a week

£56

9.  Exceeding £142 but not exceeding £149 a week

£63

10.  Exceeding £149 but not exceeding £156 a week

£70

11.  Exceeding £156 but not exceeding £163 a week

£77

12.  Exceeding £163 but not exceeding £170 a week

£84

13.  Exceeding £170 but not exceeding £177 a week

£91

14.  Exceeding £177 but not exceeding £184 a week

£98

15.  Exceeding £184 but not exceeding £191 a week

£105

16.  Exceeding £191 but not exceeding £198 a week

£112

17.  Exceeding £198 but not exceeding £203 a week

£117

Revocation

7.  The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004(5) are hereby revoked except in relation to any case where an application for advice and assistance is made before 11th April 2005.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

17th March 2005

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