The Civil Legal Aid (Scotland) Regulations 2002
PART 1
GENERAL
1
Citation and commencement
2
Interpretation
2A
Manner of applications etc.
3
Revocations and savings
4
Distinct proceedings for purposes of legal aid
PART II
APPLICATIONS FOR LEGAL AID
5
Form of application
6
Applications on behalf of children
7
Notification to opponent
8
Right of opponent to make representations
9
Attendance for interview and supply of information
PART III
ASSESSMENT OF RESOURCES
10
Determination of disposable income and disposable capital
11
Circumstances in which resources of spouse not to be taken into account and resources of cohabitees
11A
Assessment of child’s resources
12
Deprivation or conversion of resources
13
Assessment of disposable income, etc. in relation to appellate proceedings
13A
Assessment of disposable income, etc. in relation to adults with incapacity applications
14
Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity
PART IV
DETERMINATION OF APPLICATIONS
15
Applicant having joint interest, etc. with other persons
16
Applicant having rights and facilities in relation to litigation
Provided that where it appears that the applicant has a...
17
Contributions
18
Legal aid in matters of special urgency
19
Notification of decision
20
Application for review
PART V
CONDUCT OF PROCEEDINGS
21
Employment of counsel and expert witnesses and prior approval of the Board in cases of work of an unusual nature or likely to involve unusually large expenditure
22
Execution of diligence
PART VI
CHANGE OF CIRCUMSTANCES
23
Duty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances
23A
(1) The Board from time to time may directly request...
24
Duty to report abuse of legal aid
25
Change of nominated solicitor
26
Duty to report
27
Power of Board to modify or impose conditions
28
Power of Board to amend determination
29
Power of Board to suspend availability of legal aid
30
Termination of legal aid on change of circumstances
31
Termination of legal aid other than on change of circumstances
31A
Right of Board to recover sums paid out of the Fund
32
Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.
PART VII
EXPENSES
33
Payments out of property recovered or preserved: exceptions
34
Liability of assisted person where legal aid received in part of matter
35
Liability of assisted person where legal aid ceases in part of matter
36
Liability for expenses of assisted person acting in a fiduciary, representative, official or other capacity
37
Unassisted party acting in a fiduciary, representative or official capacity
38
Application for revision of award of expenses against assisted person
39
Recovery of expenses
40
Recovery of payments out of property recovered or preserved
41
Interest on sums outstanding
42
Payment to solicitor who acts before award of legal aid made
PART VIII
PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS
43
Appeals to the Supreme Court
44
Employment Appeal Tribunal
45
Convention applications
46
Applications under the European Judgments Convention
47
Social Security Commissioners and Child Support Commissioners
48
Cross-border disputes
SCHEDULE 1
REGULATIONS REVOKED
SCHEDULE 2
RULES FOR COMPUTING DISPOSABLE INCOME
1
The income of the person concerned from any source shall...
2
The income in respect of any emolument, benefit or privilege...
3
(1) The income from a trade, business or gainful occupation...
4
(1) In computing the disposable income of the person concerned...
5
In computing the disposable income of the person concerned, there...
6
There shall be disregarded £4 a week of the income...
7
There shall be disregarded– (a) attendance allowance paid under section...
8
When the income of the person concerned consists, wholly or...
9
There shall be a deduction in respect of contributions payable...
10
There shall be a deduction in respect of the amounts...
11
(1) There shall be a deduction, in respect of rent...
Provided that any contributions received from any other person towards...
12
If the person concerned is not a householder, there shall...
13
(1) There shall be a deduction in respect of the...
Provided that the Board may reduce such rate by taking...
14
If the person concerned is making and, throughout such period...
15
Where the person concerned must provide for any other matter...
16
In computing the income from any source there shall be...
SCHEDULE 3
RULES FOR COMPUTING DISPOSABLE CAPITAL
1
Subject to the provisions of these Regulations, there shall be...
Provided that, where it is brought to the notice of...
2
So far as any resource does not consist of money,...
3
Where money is due to the person concerned, whether immediately...
4
If the person concerned stands in relation to a company...
5
Where the person concerned is or is to be treated...
6
The value of any interest, whether vested or contingent, of...
7
In computing the amount of capital of the person concerned...
8
In computing the amount of capital of the person concerned,...
9
Save in exceptional circumstances, nothing shall be included in the...
10
(1) In computing the amount of capital of the person...
11
Where the person concerned has received or is entitled to...
12
The value of any life assurance or endowment policy shall...
13
Where under any statute, bond, agreement, indemnity, guarantee or other...
14
An allowance may be made in respect of any debt...
15
(1) Where the person concerned is of pensionable age and...
16
In computing the amount of capital of the person concerned...
17
In computing the amount of capital there shall be disregarded...
2002 No. 494

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Regulations 2002
Made
6th November 2002
Laid before the Scottish Parliament
7th November 2002
Coming into force
1st December 2002
The Scottish Ministers, in exercise of the powers conferred by sections 17(2B), 19(4), 20(4), 36(1), (2)(a) and (c) to (h), (3)(bb), (e) and (f) and (4), 37(1) and (3) and 42 of the Legal Aid (Scotland) Act 1986 and of all other powers enabling them in that behalf, hereby make the following Regulations:
1986 c.47; section 17(2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 36(6); section 37 was amended by S.I. 1999/1820, Schedule 2, paragraph 86(4); section 36(3)(bb) was inserted by the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 19. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).