Search Legislation

The Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011

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This is the original version (as it was originally made).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

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

5.  In regulation 18—

(a)for paragraph (1)(b) substitute—

(b)in any other circumstances where—

(i)the Board is satisfied on application that steps require to be taken as a matter of special urgency to protect the applicant’s position; and

(ii)paragraphs (3A) and (3B) do not apply.;

(b)in paragraph (2) omit sub-paragraphs (j), (n) and (p);

(c)after paragraph (3) insert—

(3A) This paragraph applies where—

(a)at the time the Board receives an application under paragraph (1)(b)—

(i)an application for legal aid by the applicant in relation to the same proceedings has been refused or treated as abandoned; or

(ii)the Board has ceased to make legal aid in respect of the same proceedings available to the applicant;

(b)the Board has given the applicant an opportunity to show that there is a realistic prospect that legal aid will be granted following an application for review or a further application; and

(c)the Board is not satisfied that the applicant has so shown.

(3B) This paragraph applies where—

(a)the Board, on receipt of an application under paragraph (1)(b), has called on the applicant to provide the Board with sufficient information to enable the Board to determine whether prima facie the conditions mentioned in section 14(1) of the Act are met;

(b)the Board is satisfied either—

(i)that the applicant has had sufficient opportunity to provide the information called for; or

(ii)that the applicant would have had sufficient opportunity to provide the information called for but for undue delay on the part of the solicitor in submitting the application under paragraph (1)(b); and

(c)the Board is not satisfied that prima facie the conditions mentioned in section 14(1) of the Act are met.;

(d)in paragraph (4) after “position” insert—

and that paragraphs (3A) and (3B) do not apply.

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

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