The Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1992

Statutory Instruments

1992 No. 528 (S.59)

LEGAL AID AND ADVICE, SCOTLAND

The Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1992

Made

5th March 1992

Laid before Parliament

11th March 1992

Coming into force

1st April 1992

The Secretary of State, in exercise of the powers conferred on him by sections 36(1) 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:

1.  These Regulations may be cited as the Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1992 and shall come into force on 1st April 1992.

2.  In regulation 2(2)(b)(i) of the Advice and Assistance (Scotland) (Prospective Cost) (No. 3) Regulations 1988(2), at the end insert the words “for which legal aid is available”.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St Andrew’s House,

Edinburgh

5th March 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988 (the 1988 Regulations) to ensure that solicitors only continue to provide advice and assistance up to the £150 prescribed by the 1988 Regulations when they are satisfied that the matter at issue is likely only to be resolved by preparing for proceedings in a civil court for which legal aid is available.

(1)

1986 c. 47.

(2)

S.I. 1988/2288, amended by S.I. 1991/1906.