The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations–

(a) increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £208 per week to £215 per week (regulation 3);

(b) increase the disposable capital limit for advice and assistance from £1,450 to £1,502 (regulation 4);

(c) increase the weekly disposable income above which a person is required to pay a contribution from £88 to £91 (regulation 5);

(d) prescribe the scale of contributions to be paid where the weekly disposable income exceeds £91 but does not exceed £215 (regulation 6).

These changes apply in relation to any case where an application for advice and assistance is made on or after 9th April 2007 (regulation 2(1)).

In relation to any case where an application for advice and assistance is made on or after 1st May 2007, the Regulations prescribe the scale of contributions to be paid where a person’s weekly disposable income exceeds £91 but does not exceed £215 in respect of applications for advice and assistance in relation to civil matters only where the work undertaken by the solicitor is made up solely of a diagnostic interview. The separate scale of contributions is, however, disapplied where the Scottish Legal Aid Board determines that the subject matter of the advice and assistance should be treated as if it were distinct (regulation 2(2) and 7).

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2006 except in relation to any case where an application for advice and assistance is made before 9th April 2007 (regulation 8).