Explanatory Note

(This note is not part of the Regulations)

These Regulations increase certain of the financial limits for eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

The upper limit of disposable capital, above which civil legal aid may be refused if it appears the applicant can afford to proceed without it, is increased from £8,560 to £10,000 (regulation 3).

The upper limit of disposable capital, above which a legally assisted person may be required to pay a contribution, is increased from £3,000 to £6,000 (regulation 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 1st July 2002 (regulation 2).

Regulation 4 of the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1996 (which prescribed the previous disposable capital limit of £8,560) is revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 1st July 2002 (regulation 5).