2008 No. 138
LEGAL AID AND ADVICE

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008

Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(2)(b) of the Legal Aid (Scotland) Act 19861 and of all other powers enabling them to do so.

In accordance with section 37(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.

(1)

These Regulations may be cited as the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008 and shall come into force on 7th April 2008.

(2)

In these Regulations, “the Act” means the Legal Aid (Scotland) Act 1986.

Application

2.

These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 7th April 2008.

Amendment of the Legal Aid (Scotland) Act 1986

3.

In section 15(1) of the Act2 for “£10,074” substitute “£10,306”.

4.

In section 15(2)(a) of the Act3 for “£11,402” substitute “£11,847”.

5.

In section 17(2)(a) of the Act4 for “£3,085” substitute “£3,156”.

6.

In section 17(2)(b) of the Act5 for “£6,879” substitute “£7,147”.

Revocation

7.

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 20076 are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 7th April 2008.
KENNY MACASKILL
A member of the Scottish Executive

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations increase certain financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

Regulation 3 increases income limits to make a person with a yearly disposable income of not more than £10,306 (increased from £10,074) eligible for civil legal aid. Regulation 5 increases, from £3,085 to £3,156, the yearly disposable income limit below which a person will be eligible for civil legal aid and will not have to pay a contribution.

Regulation 4 increases the upper limit of disposable capital to £11,847 (increased from £11,402), above which civil legal aid may be refused if it appears the person can afford to proceed without it.

In regulation 6, the upper limit of disposable capital, above which a legally assisted person may be required to pay a contribution, is £7,147 (increased from £6,879).

Regulation 7 revokes the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2007.