Search Legislation

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017

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This is the original version (as it was originally made).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

Scottish Statutory Instruments

2017 No. 397

Legal Aid And Advice

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2017

Made

14th November 2017

Coming into force

1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13(4) of the Legal Aid (Scotland) Act 1986(1) and all other powers enabling them to do so.

In accordance with section 37(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament(2).

Citation and commencement

1.  These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 and come into force on 1st December 2017.

Application

2.  Regulation 3 applies only in relation to a case where an application for legal aid for proceedings before the First-tier Tribunal for Scotland is made on or after 1st December 2017.

Proceedings in which civil legal aid is available

3.—(1) Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986(3) (courts and tribunals in which civil legal aid is available) is amended as follows.

(2) In paragraph 1, before the entry relating to the Upper Tribunal for Scotland insert—

before the First-tier Tribunal for Scotland(4) of the type described in paragraph 2A;.

(3) After paragraph 2 insert—

2A.    Proceedings before the First-tier Tribunal for Scotland

The proceedings before the First-tier Tribunal for Scotland mentioned in paragraph 1 are—

(a)those transferred to it by section 16(1) of the Housing (Scotland) Act 2014(5), in relation to the following enactments—

(i)the Rent (Scotland) Act 1984(6);

(ii)the Housing (Scotland) Act 1988(7);

(iii)the Housing (Scotland) Act 2006(8);

(b)those in relation to the Private Housing (Tenancies) (Scotland) Act 2016(9).

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th November 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986.

Regulation 3 amends the Legal Aid (Scotland) Act 1986 to make civil legal aid available for specified tenancy related disputes before the First-tier Tribunal for Scotland. With the exception of private residential tenancies, which are a new type of tenancy created by the Private Housing (Tenancies) (Scotland) Act 2016, these disputes will have been heard by the sheriff court prior to 1st December 2017.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.

(1)

1986 c.47. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(2)

There are amendments to section 37(2) which are not relevant to these Regulations. Section 37(2) has been modified by paragraph 5 of schedule 3 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (the “2010 Act”).

(3)

Schedule 2 was relevantly amended by S.S.I. 2001/42, S.S.I. 2002/532, S.S.I. 2010/239 and S.S.I. 2016/356.

(4)

Established by section 1 of the Tribunals (Scotland) Act 2014 (asp 10).

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

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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