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The Legal Aid (Financial Conditions) Regulations 1987

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Regulations made by the Lord Chancellor, laid before Parliament under section 20(8) of the Legal Aid Act 1974, for approval by resolution of each House of Parliament.

Statutory Instruments

1987 No. 628

LEGAL AID AND ADVICE, ENGLAND AND WALES

The Legal Aid (Financial Conditions) Regulations 1987

Made

9th March 1987

Laid before Parliament

16th March 1987

Coming into force

7th April 1987

The Lord Chancellor, in exercise of the powers conferred on him by sections 6, 9(2) and 20 of the Legal Aid Act 1974(1), hereby makes the following Regulations:—

1.—(1) These Regulations may be cited as the Legal Aid (Financial Conditions) Regulations 1987 and shall come into force on the day after the day on which they are approved by resolution of each House of Parliament.

(2) In these Regulations, “the Act” means the Legal Aid Act 1974.

2.  For the yearly sum of £5415 specified in section 6(1) of the Act, there shall be substituted the sum of £5585.

3.  For the capital sum of £4710 specified in section 6(1)(a) of the Act, there shall be substituted the sum of £4850.

4.  For the yearly sum of £2255 specified in section 9(1)(a) of the Act(2), there shall be substituted the yearly sum of £2325.

Hailsham of St. Marylebone, C.

Dated 9th March 1987

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase the financial limits of eligibility for legal aid under Part I of the Legal Aid Act 1974.

The income limits are increased to make legal aid available to those with disposable incomes of not more than £5585 a year and available without payment of a contribution to those with disposable incomes of £2325 a year or less.

The upper limit of disposable capital, above which legal aid may be refused if it appears that the applicant could afford to proceed without legal aid, is increased to £4850. No change is made to the lower limit of disposable capital of £3000, below which no contribution in respect of capital may be required.

(1)

1974 c. 4; section 6 was amended by the Legal Aid Act 1979 (c. 26), Schedule 1, paragraph 12, S.I. 1984/1838 and S.I. 1985/1615, and section 9(2) by the Legal Aid Act 1979, Schedule 1, paragraph 13.

(2)

Section 9(1)(a) was amended by S.I. 1985/1615.

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