The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 1987 (S.I. 1987/381) (“the principal Regulations”) in consequence of –

(a) the repeal of sections 17(3)-(8) of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”); and

(b) the insertion of section 17(2A) and (2B) of that Act by paragraph 36(6) of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, which was commenced on 26th August 1991 by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (Commencement No. 7) Order 1991 (S.I. 1991/1903).

The Regulations make provision as to–

(a) the determination and notification by the Board of the amount of contribution payable to the Fund by an assisted person, the amount of any instalment thereof and the date or dates by which they are payable (regulations 4 to 7);

(b) the cases in which the new section 17(2B) of the 1986 Act (which requires the amount of the net liability of the Fund on account of any party to be payable out of property preserved or recovered for him) does not apply (regulation 8);

(c) the recovery of expenses and of payments out of property recovered or preserved in terms of section 17(2A) and (2B) of the 1986 Act (regulations 9 and 10); and

(d) the payment to solicitors who act before award of legal aid is made (regulation 11).

As a consequence, the Regulations revoke regulation 2 of the Civil Legal Aid (Scotland) Amendment Regulations 1988 (S.I. 1988/490), regulations 12, 13 and 14 of the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 1988 (S.I. 1988/1171). They also revoke Schedule 4 to the principal Regulations (which prescribes forms of charging orders and discharges) subject to a saving provision (regulation 12).