Search Legislation

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008

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This is the original version (as it was originally made).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.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2008 and shall come into force on 7th April 2008.

(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 7th April 2008.

Amendment of the Legal Aid (Scotland) Act 1986

3.  In section 8(a) of the Act(1) for “£215” substitute “£223”.

4.  In section 8 of the Act(2)for “£1,502” substitute “£1,561”.

5.  In section 11(2)(a) of the Act(3)for “£91” substitute “£95”.

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

6.  Subject to regulation 7, 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 £95 but not exceeding £102 a week

£7

2.  Exceeding £102 but not exceeding £109 a week

£14

3.  Exceeding £109 but not exceeding £116 a week

£21

4.  Exceeding £116 but not exceeding £123 a week

£28

5.  Exceeding £123 but not exceeding £130 a week

£35

6.  Exceeding £130 but not exceeding £137 a week

£42

7.  Exceeding £137 but not exceeding £144 a week

£49

8.  Exceeding £144 but not exceeding £151 a week

£56

9.  Exceeding £151 but not exceeding £158 a week

£63

10.  Exceeding £158 but not exceeding £165 a week

£70

11.  Exceeding £165 but not exceeding £172 a week

£77

12.  Exceeding £172 but not exceeding £179 a week

£84

13.  Exceeding £179 but not exceeding £186 a week

£91

14.  Exceeding £186 but not exceeding £193 a week

£98

15.  Exceeding £193 but not exceeding £200 a week

£105

16.  Exceeding £200 but not exceeding £207 a week

£112

17.  Exceeding £207 but not exceeding £214 a week

£119

18.  Exceeding £214 but not exceeding £223 a week

£124

7.—(1) Where a solicitor has approved and proceeded to provide advice and assistance by way of a diagnostic interview and the work undertaken is made up solely of a diagnostic interview, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act, 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 £95 but not exceeding £123 a week

£7

2.  Exceeding £123 but not exceeding £151 a week

£14

3.  Exceeding £151 but not exceeding £179 a week

£21

4.  Exceeding £179 but not exceeding £200 a week

£28

5.  Exceeding £200 but not exceeding £223 a week

£35

(2) Paragraph (1) shall not apply where a solicitor has approved and proceeded to provide advice and assistance by way of a diagnostic interview for a matter which, upon application to the Board under regulation 8B(3) of the Advice and Assistance (Scotland) Regulations 1996(5), is determined by it to be treated as if it did relate to one or more distinct matters.

(3) In this regulation “diagnostic interview” has the meaning given in regulation 2(1), and “distinct matter” shall be construed in accordance with regulation 8A(2), of those Regulations.

Revocation

8.  The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2007(6) are revoked except in relation to any case where an application for advice and assistance is made before 7th April 2008.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th March 2008

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

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

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