The Civil Legal Aid (Scotland) Amendment Regulations 2002

Scottish Statutory Instruments

2002 No. 88

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Amendment Regulations 2002

Made

5th March 2002

Laid before the Scottish Parliament

6th March 2002

Coming into force

1st April 2002

The Scottish Ministers, in exercise of the powers conferred by section 36(1), (2)(h) and (3)(bb) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2002 and shall come into force on 1st April 2002.

Amendment of the Civil Legal Aid (Scotland) Regulations 1996

2.  At the end of regulation 14A(2) of the Civil Legal Aid (Scotland) Regulations 1996(2) there is inserted–

“(h) an application is made to the sheriff under section 53(1) of the 2000 Act for an intervention order;

(i) an application is made to the sheriff under section 57(1) of the 2000 Act for a guardianship order;

(j) an application is made to the sheriff under section 71(1) of the 2000 Act for the replacement or removal of a guardian, or the recall or other termination of a guardianship order; and

(k) an application is made to the sheriff under section 74(1) of the 2000 Act for variation of a guardianship order.”.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th March 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 1996 so as to add certain proceedings under Part 6 (intervention orders and guardianship orders) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) to the list of proceedings in regulation 14A of those Regulations (regulation 2). The availability of civil legal aid for those proceedings is based on the resources of the incapable adult, not the applicant, where the applicant is a person claiming or having an interest in the property, financial affairs or personal welfare of that adult.

(1)

1986 c. 47; section 36(3)(bb) was inserted by the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 19. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1996/2444, as amended by S.I. 1997/727, 1998/725 and 1999/1042 and S.S.I. 2000/182 and 2001/82. Regulation 14A was inserted by S.S.I. 2001/82.