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

Statutory Instruments

1991 No. 746 (S.72)

LEGAL AID AND ADVICE, SCOTLAND

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

Made

14th March 1991

Laid before Parliament

20th March 1991

Coming into force

30th April 1991

The Secretary of State, in exercise of the powers conferred on him by section 36(1) of the Legal Aid (Scotland) Act 1986(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

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

2.  In regulation 2 of the Advice and Assistance (Scotland) (Prospective Cost) (No. 2) Regulations 1988(2), for the figure “£60” where it twice occurs there shall he substituted the figure “£80”.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

14th March 1991

Explanatory Note

(This note is not part of the Regulations)

Prior to 1st April 1991, limits of £60 and £150 (depending on the type of case) apply to the cost of assistance by way of representation and advice and assistance which solicitors may provide without seeking the prior approval of the Scottish Legal Aid Board. In cases to which the higher limit applies, the Advice and Assistance (Scotland) (Prospective Cost) (No.2) Regulations 1988 place a duty on solicitors to notify the Board within 14 days of the lower limit being exceeded.

As from 1st April 1991, the lower limit is to be raised from £60 to £80 by the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991 (S.I. 1991/1096). These Regulations accordingly substitute in the 1988 Regulations references to that new lower limit.

(1)

1986 c. 47.

(2)

S.I. 1988/2014.