Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 (“the 2002 Regulations”) so that, for the purposes of calculating financial eligibility for civil legal aid, the resources of a person’s partner of the same sex are taken into account (regulation 4).

Regulation 5 amends the 2002 Regulations so that the requirement on the part of a person in receipt of civil legal aid to pay the amount of any net liability of the Scottish Legal Aid Fund 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 6 corrects a minor error in the 2002 Regulations.