The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004

Scottish Statutory Instruments

2004 No. 308

LEGAL AID AND ADVICE

The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004

Made

26th June 2004

Coming into force

28th June 2004

The Scottish Ministers, in exercise of the powers conferred by sections 9(1) and (2)(e), and 36(1) and (2)(b) of the Legal Aid (Scotland) Act 1986(1) 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 commencement

1.  These Regulations may be cited as the Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004 and shall come into force on 28th June 2004.

Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993

2.  For regulation 3 of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993(2) substitute–

• “There is substituted in the place of the sum of £50 specified in section 10(2) of the Act as originally enacted–

  (a)

  in a case to which regulation 4 of these Regulations applies–

  (i)

  where the advice and assistance or assistance by way of representation is provided in relation to a civil matter, the sum of £160; and

  (ii)

  in any other case, the sum of £150; and

  (b)

  in a case to which regulation 4 of these Regulations does not apply–

  (i)

  where the advice and assistance or assistance by way of representation is provided in relation to a civil matter, the sum of £85; and

  (ii)

  in any other case, the sum of £80.”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

26th June 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 (S.I. 1993/3197) to provide that the financial limit for advice and assistance specified in section 10(2) of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) beyond which solicitors are required to seek prior approval of the Scottish Legal Aid Board before providing further advice and assistance is amended for civil cases as follows–

(a) the figure specified for advice and assistance and assistance by way of representation under Part II of the 1986 Act in civil cases to which regulation 4 of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 applies is increased to £160 (the previous figure was £150);

(b) the figure specified for other advice and assistance provided under Part II of the 1986 Act in civil cases is increased to £85 (the previous figure was £80).

(1)

1986 c. 47. 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).

(2)

S.I. 1993/3187.