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The Legal Advice and Assistance (Amendment) Regulations 1996

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Amendments to the Legal Advice and Assistance Regulations 1989

4.  In paragraph 8 of Schedule 2—

(a)the words “the value of the main or only dwelling in which he resides and” shall be omitted from paragraph (a);

(b)the following new paragraph shall be inserted after paragraph (a):—

“(aa)the value of the main or only dwelling in which he resides shall be taken to be the amount for which that interest could be sold in the open market, subject to the following rules:—

(i)the amount to be allowed in respect of any mortgage debt or heritable security shall not exceed £100,000;

(ii)the first £100,000 of the value of that interest, after the application of the rule in paragraph (i), shall be disregarded.”;

(c)in paragraph (b), for the words from “in respect of” to the end of the paragraph there shall be substituted the following:—

“the amount for which any interest in a dwelling which is not the main dwelling could be sold in the open market; provided that the total amount to be allowed in respect of any mortgage debts or heritable securities over all such dwellings, together with any amount allowed under paragraph (aa)(i) in respect of the main dwelling, shall not exceed £100,000.”.

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