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

Payments out of property recovered or preserved

8.  For regulation 32 of the principal Regulations, there shall be substituted the following regulation:–

“Payments out of property recovered or preserved: Exceptions

32.   Section 17(2B) of the Act (which requires the amount of the net liability of the Fund on account of any party to be paid by that party out of any property recovered or preserved for him) shall not apply–

(a) in respect of any money payable–

(i) under a decree following on an action for aliment within the meaning of the Family Law (Scotland) Act 1985((1));

(ii) under an order for the payment of a periodical allowance under section 5 of the Divorce (Scotland) Act 1976((2)), or for the making of a periodical allowance under section 8 of the Family Law (Scotland) Act 1985;

(iii) under any order for the periodical payment of sums for the maintenance of any person which, by virtue of the Maintenance Orders Act 1950((3)), the Maintenance Orders (Reciprocal Enforcement) Act 1972((4)) or the Civil Jurisdiction and Judgments Act 1982((5)), may be enforced in Scotland;

(iv) under an order made by the Employment Appeal Tribunal within the meaning of section 135 of the Employment Protection (Consolidation) Act 1978((6)) or under any settlement arrived at to prevent or bring to an end proceedings in which such an order may be made;

(v) by way of income support and family credit under the Social Security Act 1986((7)), supplementary benefit under the Supplementary Benefits Act 1976((8)) or family income supplement under the Family Income Supplements Act 1970((9));

(vi) by way of aliment or periodical allowance or periodical payment of sums by virtue of any settlement arrived at to prevent or bring to an end proceedings in which such a decree or order as is mentioned in sub-paragraphs (i) to (iii) above may be granted;

(vii) by way of any payment made out of the social fund under the Social Security Act 1986;

(viii) by way of any housing benefit under the Social Security Act 1986;

(b) to the first £2,500 of any money, or of the value of any property, recovered or preserved by virtue of–

(i) an order for the payment of a capital sum under section 5 of the Divorce (Scotland) Act 1976; or

(ii) an order for payment of a capital sum or transfer of property or an incidental order, under section 8 of the Family Law (Scotland) Act 1985; or

(iii) any settlement arrived at to prevent or bring to an end proceedings in which such an order may be granted;

(c) in respect of any articles referred to in section 16 of the Debtors (Scotland) Act 1987((10)) recovered or preserved from the effects of a grant of warrant sale of poinded goods, or any article released in terms of an order made by the sheriff following application made to him in terms of section 23 of said Act.”.

(1)

1985 c. 37.

(2)

1976 c. 39. Section 5 was repealed on 1st September 1986 by Schedule 2 to the Family Law (Scotland) Act 1985 (c. 37), subject to a saving in section 28(3) of that Act.

(3)

1950 c. 37.

(4)

1972 c. 18.

(5)

1982 c. 27.

(6)

1978 c. 44.

(7)

1986 c. 50.

(8)

1976 c. 71. The provisions about supplementary benefit in the 1976 Act were repealed by the Social Security Act 1986, subject to savings.

(9)

1970 c. 55. This Act was repealed by the Social Security Act 1986, subject to savings.

(10)

1987 c. 18.