(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 (“the principal Regulations”). They provide that the financial limit for advice and assistance specified in section 10(2) of the Legal Aid (Scotland) Act 1986 beyond which solicitors are required to seek prior approval of the Scottish Legal Aid Board (“the Board”) before providing further advice and assistance is amended as follows (regulation 4):–
(a)where regulation 4 of the principal Regulations applies and where the subject matter of a civil case is a distinct matter (under regulation 8A(2) of the Advice and Assistance (Scotland) Regulations 1996 – S.S.I. 1996/2447, as relevantly amended by S.S.I. 2007/60), or where the subject matter of the case is civil and not distinct but following application to the Board is to be treated as if it were so, the financial limit is increased from £160 to £180;
(b)where regulation 4 of the principal Regulations does not apply and where the subject matter of a civil case is a distinct matter (as above) or is not distinct but following application to the Board is to be treated as if it were so, the financial limit is increased from £85 to £95. The financial limit for cases relating to children’s matters is increased from £80 to £95;
(c)where the subject matter of a civil case is not determined by the Board to be a distinct matter the financial limit is £35 (there is no previous figure as this is a new limit); and
(d)for cases other than civil and children’s cases, the financial limit remains £80.
The principal Regulations are also amended, at regulation 2, where references to the Parole Board (Scotland) Rules are updated (regulation 3).