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The Civil Legal Aid (Scotland) Amendment Regulations 2010

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Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2010 and come into force on 31st January 2011.

Application

2.  Regulation 3 applies only in relation to applications for civil legal aid received by the Scottish Legal Aid Board on or after 31st January 2011.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.  In the Civil Legal Aid (Scotland) Regulations 2002(1)—

(a)in regulation 2(1) (interpretation), in the definition of “child”, after “years”, insert “, except in regulation 11A”; and

(b)after regulation 11, insert—

“Assessment of child’s resources

11A.—(1) Subject to paragraph (3), for the purposes of determining the disposable income and disposable capital of a child, the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985(2) are to be treated as part of the child’s own resources.

(2) In paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3) Paragraph (1) does not apply if its application in the particular circumstances would be unjust or inequitable.”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th December 2010

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