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The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2010

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Citation, commencement and interpretation

1.  These Regulations may be cited as the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2010 and come into force on 12th April 2010.

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

Application

3.—(1) Paragraphs (2) to (4) of regulation 4 and regulations 6 and 7 apply only in relation to any case where an application for advice and assistance is made on or after 12th April 2010.

(2) Paragraphs (5) to (8) of regulation 4 and regulation 5 apply only in relation to any case where an application for civil legal aid is made on or after 12th April 2010.

Amendment of the Act

4.—(1) the Act is amended in accordance with paragraphs (2) to (8)(1).

(2) In section 8(a) (which specifies the weekly disposable income limit for advice and assistance), for “£234” substitute “£238”.

(3) In section 8 (which specifies the disposable capital limit for advice and assistance), for “£1,639” substitute “£1,664”.

(4) In section 11(2)(a) (which specifies the weekly disposable income threshold for payment in respect of advice and assistance), for “£100” substitute “£102”.

(5) In section 15(1) (which specifies the annual disposable income limit for civil legal aid), for “£25,000” substitute “£25,450”.

(6) In section 15(2)(a) (which specifies the disposable capital limit for civil legal aid), for “£12,439” substitute “£12,626”.

(7) In section 17(2)(a) (which, amongst other things, specifies the annual disposable income threshold for contributions in respect of civil legal aid), for “£3,355” substitute “£3,415”.

(8) In section 17(2)(b) (which specifies the disposable capital threshold for contributions in respect of civil legal aid), for “£7,504” substitute “£7,617”.

Liability to contribute to the Fund under section 17(2)(a) of the Act

5.  For the purposes of section 17(2)(a) of the Act (which, amongst other things, specifies the proportion of disposable income which an income contribution in respect of civil legal aid cannot exceed), the proportion of the excess prescribed is 67.1%(2).

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

6.  Unless regulation 7 applies, the maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act(3) (under which clients are liable to pay fees and outlays in respect of advice and assistance), 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

Exceeding £102 but not exceeding £109 a week£7
Exceeding £109 but not exceeding £116 a week£14
Exceeding £116 but not exceeding £123 a week£21
Exceeding £123 but not exceeding £130 a week£28
Exceeding £130 but not exceeding £137 a week£35
Exceeding £137 but not exceeding £144 a week£42
Exceeding £144 but not exceeding £151 a week£49
Exceeding £151 but not exceeding £158 a week£56
Exceeding £158 but not exceeding £165 a week£63
Exceeding £165 but not exceeding £173 a week£70
Exceeding £173 but not exceeding £180 a week£77
Exceeding £180 but not exceeding £187 a week£84
Exceeding £187 but not exceeding £194 a week£91
Exceeding £194 but not exceeding £201 a week£98
Exceeding £201 but not exceeding £208 a week£105
Exceeding £208 but not exceeding £215 a week£112
Exceeding £215 but not exceeding £222 a week£119
Exceeding £222 but not exceeding £229 a week£126
Exceeding £229 but not exceeding £238 a week£135

7.—(1) Subject to paragraph (2), 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(4) and “distinct matter” is to 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

Exceeding £102 but not exceeding £130 a week£7
Exceeding £130 but not exceeding £158 a week£14
Exceeding £158 but not exceeding £187 a week£21
Exceeding £187 but not exceeding £215 a week£28
Exceeding £215 but not exceeding £238 a week£35

Revocation

8.—(1) The Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2009(5) are revoked.

(2) Despite paragraph (1), those Regulations continue to apply in relation to advice and assistance, or as the case may be civil legal aid, for which the relative application was made before 12th April 2010.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

29th March 2010

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