The Advice and Assistance (Scotland) Amendment Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 to provide that–

(a) for the purposes of calculating financial eligibility for advice and assistance, resources of a person’s partner of the same sex are taken into account (regulation 4);

(b) a solicitor’s right to prior payment of fees and outlays out of any property recovered or preserved for a client in respect of advice and assistance shall not apply to the first £4,275 recovered or preserved by virtue of certain family proceedings (this sum is increased from £4,200) (regulation 5); and

(c) for the purposes of assessing a person’s disposable capital and income no account is taken of payments made in connection with certain benefits, allowances and tax credits (regulation 6).