The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1998

Statutory Instruments

1998 No. 970 (S.53)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1998

Made

2nd April 1998

Coming into force

6th April 1998

The Secretary of State, in exercise of the powers conferred on him by section 36(1) and (2)(b) 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 1998 and shall come into force on 6th April 1998.

(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 6th April 1998.

3.  For the yearly amount of £8,370 specified in section 15(1) of the Act(2), there shall be substituted the yearly amount of £8,571.

4.  For the yearly amount of £2,563 specified in section 17(2)(a) of the Act(3), there shall be substituted the yearly amount of £2,625.

5.  The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1997(4) are hereby revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 6th April 1998.

Henry McLeish

Minister of State, Scottish Office

St Andrew’s House Edinburgh

2nd April 1998

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 £8,571 (instead of £8,370) and to make eligible without payment of a contribution, persons with a disposable income of not more than £2,625 (instead of £2,563).

The Regulations only apply in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board on or after 6th April 1998.

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1997 are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 6th April 1998.

(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. 1997/1112.

(3)

The existing figure specified in section 17(2)(a) was inserted by S.I. 1997/1112.

(4)

1997/1112.