The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009

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

7.—(1) Subject to paragraph (1), this regulation applies 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.

(2) This regulation does not apply where, pursuant to the solicitor’s application, the Board determines that the subject matter of the diagnostic interview should be treated as if it were a distinct matter.

(3) In this regulation “diagnostic interview” has the meaning given in regulation 2(1) of the Advice and Assistance (Scotland) Regulations 1996(1) and “distinct matter” shall be construed in accordance with regulation 8A(2) of those Regulations.

(4) Where this regulation applies, 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 weekly disposable income falls within a range specified in the first column of the following table, is the corresponding amount specified in the second column:–

Weekly disposable income	Maximum contribution
1.  Exceeding £100 but not exceeding £128	£7
2.  Exceeding £128 but not exceeding £156	£14
3.  Exceeding £156 but not exceeding £184	£21
4.  Exceeding £184 but not exceeding £212	£28
5.  Exceeding £212 but not exceeding £234	£35

(1)

S.I. 1996/2447; as relevantly amended by S.S.I. 2007/60.