The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1994

Statutory Instruments

1994 No. 998 (S. 42)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1994

Made

28th March 1994

Coming into force

11th April 1994

The Secretary of State, in exercise of the powers conferred on him by sections 36(1) and (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, a draft of which has, in accordance with section 37(2) of that Act, been laid before, and approved by a resolution of, each House of Parliament:

1.—(1) These Regulations may be cited as the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1994 and shall come into force on 11th April 1994.

(2) In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

2.  These Regulations shall apply only in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board on or after 11th April 1994.

3.  For the yearly amount of £6,800 specified in section 15(1) of the Act(2) there shall be substituted the yearly amount of £7,060.

4.  For the yearly amount of £2,293 specified in section 17(2)(a) of the Act(3) there shall be substituted the yearly amount of £2,382.

5.  Regulation 2 of the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1992(4) and regulation 3(a) of the Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 1993(5) are hereby revoked.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

28th March 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase certain of the financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

The income limits are increased to make eligible for civil legal aid persons with a disposable income of not more than £7,060 (instead of £6,800) and to make eligible without payment of a contribution persons with a disposable income of not more than £2,382 (instead of £2,293).

(1)

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

(2)

The existing figure specified in section 15(1) was inserted by S.I. 1992/1586.

(3)

The existing figure specified in section 17(2)(a) was inserted by S.I. 1993/970.

(4)

S.I. 1992/1586.

(5)

S.I. 1993/970.