2002 No. 144

LEGAL AID AND ADVICE

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2002

Made19th March 2002

Coming into force8th April 2002

The Scottish Ministers, in exercise of the powers conferred by sections 11(2), 36(1) and (2)(b) and 37(1) 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 interpretation

1. (1)

These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2002 and shall come into force on 8th April 2002.

(2)

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

Application

2.

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 8th April 2002.

Amendment of the Act

3.

For the weekly sum of £186 specified in section 8(a) of the Act2, there shall be substituted the weekly sum of £189.

4.

For the weekly sum of £79 specified in section 11(2)(a) of the Act3, there shall be substituted the weekly sum of £80.

Liability to pay fees or outlays under section 11(2) of the Act

5.

The maximum amount of fees or outlays which a client shall be liable to pay under section 11(2) of the Act4, where that client’s disposable income falls within a range specified in the first column of the following table, shall be the amount specified in relation to that range in the second column:–

Disposable income range	Maximum contribution
1. Exceeding £80 but not exceeding £87 a week	£7
2. Exceeding £87 but not exceeding £94 a week	£14
3. Exceeding £94 but not exceeding £101 a week	£21
4. Exceeding £101 but not exceeding £108 a week	£28
5. Exceeding £108 but not exceeding £115 a week	£35
6. Exceeding £115 but not exceeding £122 a week	£42
7. Exceeding £122 but not exceeding £129 a week	£49
8. Exceeding £129 but not exceeding £136 a week	£56
9. Exceeding £136 but not exceeding £143 a week	£63
10. Exceeding £143 but not exceeding £150 a week	£70
11. Exceeding £150 but not exceeding £157 a week	£77
12. Exceeding £157 but not exceeding £164 a week	£84
13. Exceeding £164 but not exceeding £171 a week	£91
14. Exceeding £171 but not exceeding £178 a week	£98
15. Exceeding £178 but not exceeding £185 a week	£105
16. Exceeding £185 but not exceeding £189 a week	£107

Revocation

6.

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 20015 are hereby revoked except in relation to any case where an application for advice and assistance is made before 8th April 2002.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

19th March 2002

(This note is not part of the Regulations)

These Regulations, in relation to any case where an application for advice and assistance is made on or after 8th April 2002–

(a)

increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £186 a week to £189 a week (regulation 3);

(b)

increase the weekly disposable income above which a person is required to pay a contribution from £79 to £80 (regulation 4); and

(c)

prescribe the scale of contributions to be paid where the weekly disposable income exceeds £80 but does not exceed £189 (regulation 5).

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2001 except in relation to any case where an application for advice and assistance is made before 8th April 2002 (regulation 6).