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The Civil Legal Aid (Scotland) Amendment Regulations 2010

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Amendment of the Civil Legal Aid (Scotland) Regulations 2002

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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..

(1)

S.S.I. 2002/494; amended by the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) schedule 3, paragraph 38 and S.S.I. 2003/49 and 486, 2004/491, 2005/112 and 448, 2006/325, 2007/59 and 425 and 2008/50, S.I. 2008/1879 and S.S.I. 2009/49, 312 and 429 and 2010/57 and 166.

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