The Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Revocations and savings

5. 4. Applications for advice and assistance

6. 5. Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982

7. 6. Applications on behalf of others

8. 7. Determination of disposable income or disposable capital

9. 8. Giving of advice and assistance by solicitor

10. 9. Determination and collection of contributions

11. 10. Applicant for assistance by way of representation having other rights and facilities

12. 11. Notice to the Board on acceptance of application

13. 12. Authority to exceed financial limit

14. 13. Giving of advice and assistance on the same matter

15. 14. Procedure on withdrawal from giving advice and assistance

16. 15. Supply of information by solicitors

17. 16. Payment of fees and outlays from property recovered or preserved

18. 17. Fees and outlays of solicitors

19. 18. Assessment and taxation of fees and outlays

20. 19. Client’s right to require taxation

21. 20. Fees and outlays recoverable from a third party

22. 21. Right of Board to recover sums paid out of the Fund

23. Signature

24. 1. SCHEDULE 1

    2. SCHEDULE 2

       ASSESSMENT OF DISPOSABLE CAPITAL AND DISPOSABLE INCOME

       1. 1. In this Schedule, unless the context otherwise requires– “capital” means...

       2. 2. Any question arising under this Schedule shall be decided by...

       3. 3. The disposable capital and disposable income of the person concerned...

       4. 4. If it appears to the solicitor that the person concerned...

       5. 5. In computing the capital and income of the person concerned–...

       6. 6. In computing the capital of the person concerned–

       7. 7. In computing the income of the person concerned–

       8. 8. If the person concerned is making bona fide payments for...

       9. 9. Where it appears to the solicitor that there has been...

       10. 10. (1) Where the person concerned is of pensionable age and...

       11. 11. In computing the amount of capital of the person concerned...

    3. SCHEDULE 3

       TABLE OF FEES ALLOWABLE TO SOLICITORS

       1. PART I TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION

          1. 1. Subject to paragraph 3 of this Part, the fees allowable...

          2. 1. The fee for– (i) any time up to the first...

          3. 2. The fee for– (i) each quarter hour (or part thereof)...

          4. 3. The fee for– (i) each citation of a witness including...

          5. 4. The fee for– (i) attendance at court offices for performance...

          6. 5. Where an exceptional amount of copying proves necessary, a fee...

          7. 2. Interpretation

          8. 3. Petition by debtor for sequestration

       2. PART II TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE OTHER THAN ASSISTANCE BY WAY OF REPRESENTATION

          1. 1. Subject to paragraph 2 of this Part, the fees allowable...

          2. 2. Where the fees which would be allowable to a solicitor...

          3. 3. Interpretation

25. Explanatory Note