The Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991

Statutory Instruments

1991 No. 1096

LEGAL AID AND ADVICE, SCOTLAND

The Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991

Made

26th April 1991

Coming into force

30th April 1991

The Secretary of State, in exercise of the powers conferred on him by sections 9(2)(e), 36(2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations, of which a draft has, in accordance with section 37(2) of that Act, been laid before Parliament and approved by a resolution of each House of Parliament:

Citation and commencement

1.—(1) These Regulations may be cited as the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991 and shall come into force on 30th April 1991.

Amendment of financial limit

2.  In section 10(2) of the Legal Aid (Scotland) Act 1986(2), there is substituted, in place of the sum of £60 therein specified (being the sum applicable to those cases not defined as a class in terms of regulation 2(2) of the Advice and Assistance (Scotland) (Prospective Cost) (No.3.) Regulations 1988(3), the sum of £80.

3.  In regulation 2(b)(ii) of the Advice and Assistance (Scotland) (Prospective Cost) (No.3.) Regualtions 1988, for the figure “£60” there shall be substituted the figure “£80”.

Revocation

4.  Without prejudice to their continuing in effect for the purposes of advice and assistance commenced prior to the coming into force of these Regulations, the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1988(4) are hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

26th April 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase from £60 to £80 the cost of certain legal advice and assistance (including assistance by way of representation) under the Legal Aid (Scotland) Act 1986 which a solicitor may grant without obtaining the prior approval of the Scottish Legal Aid Board.

This limit applies to all legal advice and assistance other than that defined in the Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988.

(1)

1986 c. 47; section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6.

(2)

Section 10(2) was amended by S.I. 1988/1389 and 2288

(3)

S.I. 1988/2288.

(4)

S.I. 1988/1389.