2000 No. 107

LEGAL AID AND ADVICE

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2000

Made

Coming into force

The Scottish Ministers, in exercise of the powers conferred on them by sections 36(1) and (2)(b) of the Legal Aid (Scotland) Act 19861 and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, the Scottish Parliament:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2000 and shall come into force on 10th April 2000.

2

In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

Application2

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 10th April 2000.

Amendment of the Act

3

For the yearly amount of £8,751 specified in section 15(1) of the Act2, there shall be substituted the yearly amount of £8,891.

4

For the yearly amount of £2,680 specified in section 17(2)(a) of the Act3, there shall be substituted the yearly amount of £2,723.

Revocation5

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 19994 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 10th April 2000.

ANGUS MacKAYA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(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 yearly disposable income of not more than £8,891 (instead of £8,751) and to make eligible without payment of a contribution, persons with a yearly disposable income of not more than £2,723 (instead of £2,680) (regulations 3 and 4).

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 10th April 2000 (regulation 2).

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1999 are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 10th April 2000 (regulation 5).