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The Legal Advice and Assistance (Scotland) Amendment Regulations 1989

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Statutory Instruments

1989 No. 1493 (S.122)

LEGAL AID AND ADVICE, SCOTLAND

The Legal Advice and Assistance (Scotland) Amendment Regulations 1989

Made

14th August 1989

Laid before Parliament

17th August 1989

Coming into force

31st August 1989

The Secretary of State, in exercise of the powers conferred on him by sections 14A and 15 of the Legal Aid (Scotland) Act 1967(1), as read with section 45 of, and paragraph 3(1) of Schedule 4 to, the Legal Aid (Scotland) Act 1986(2), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.  (1)  These Regulations may be cited as the Legal Advice and Assistance (Scotland) Amendment Regulations 1989 and shall come into force on 31st August 1989.

(2) In these Regulations, the expression “the principal Regulations” means the Legal Advice and Assistance (Scotland) Regulations 1973(3).

Amendment of principal Regulations

2.  In Schedule 2 to the principal Regulations—

(a)in paragraph 1(a) for the sum “£2.40” there shall be substituted the sum “£2.60”;

(b)in paragraph 1(b) for the sums “£15.45” where it occurs twice and “£7.75” there shall be substituted, respectively, the sums “£16.85” in each case and “£8.45” ;

(c)in paragraph 1(c) for the sum “£30.90” there shall be substituted the sum “£33.70”.

Sanderson of Bowden

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

14th August 1989

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance (Scotland) Regulations 1973.

The Legal Aid (Scotland) Act 1967 as applied by the Legal Advice and Assistance Act 1972 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of applications for advice and assistance which were determined before commencement of the 1986 Act on 1st April 1987 (see paragraph 3(1) of Schedule 4 to the 1986 Act). It is thus only in respect of advice and assistance following upon such applications that these Regulations increase the fees.

These Regulations amend the sums specified in Schedule 2 to the principal Regulations so as to increase the fees allowable to solicitors in respect of work done in connection with the provision of legal advice or assistance by around 9%.

(1)

1967 c. 43; section 14A was inserted by section 3 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12); sections 14A and 15 were extended by section 6 of the Legal Advice and Assistance Act 1972 (c. 50), as amended by the said Act of 1983, Schedule 1, paragraph 17.

(3)

S.I. 1973/390; the relevant amending instruments are S.I. 1984/210, 1985/337, 1986/673, 1987/1355 and 1988/1110.

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