The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2007

Scottish Statutory Instruments

2007 No. 425

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2007

Made

13th September 2007

Laid before the Scottish Parliament

13th September 2007

Coming into force

5th October 2007

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 36(1), (2) and (3) of the Legal Aid (Scotland) Act 1986(1) and all other powers enabling them to do so:

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2007 and shall come into force on 5th October 2007.

2.  These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 5th October 2007.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.  The Civil Legal Aid (Scotland) Regulations 2002(2) are amended in accordance with the following Regulations.

4.  In regulation 13A(1)–

(a) for “other than the adult to whom the application relates, for” substitute “(including, in the case of applications for orders defined in paragraphs (a) to (e) below, or applications opposing such orders, the adult to whom the application relates), for, or an application opposing”;

(b) after “53(1) of the 2000 Act” delete “or”; and

(c) after “57(1) of the 2000 Act” insert–

“(c) a renewal of a guardianship order under section 60(1) of the 2000 Act;

(d) a joint guardianship order under section 62(1) of the 2000 Act; or

(e) a substitute guardianship order under section 63(1) of the 2000 Act,”.

5.  In regulation 14(4) after paragraph (l) insert–

“(ll) an application, other than one to which regulation 13A applies, for a renewal of guardianship order under section 60(1) of the 2000 Act, for a joint guardianship order under section 62(1) of the 2000 Act, or for a substitute guardianship order under section 63(1) of the 2000 Act;”.

KENNY MACASKILL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

13th September 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 to provide for legal aid subject to modified means tests in respect of various guardianship order applications made under the Adults with Incapacity(Scotland) Act 2000.

(1)

1986 c. 47. 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.S.I. 2002/494.