The Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002

Made24th June 2002

Coming into force1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 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 and commencement1

These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002 and shall come into force on 1st July 2002.

Application2

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 1st July 2002.

Amendment of the Legal Aid (Scotland) Act 19863

In section 8 of the Legal Aid (Scotland) Act 19862 (availability of advice and assistance), for “£1,000” there is substituted “£1,300”.

Revocation4

Regulation 3 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 19923 is hereby revoked except in relation to any case where an application for advice and assistance is made before 1st July 2002.

R J SIMPSONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh24th June 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 1st July 2002, increase the disposable capital limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £1,000 to £1,300 (regulation 3).

The Regulations also revoke regulation 3 of the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992 (which prescribed the previous disposable capital limit of £1,000) except in relation to any case where an application for advice and assistance is made before 1st July 2002 (regulation 4).