http://www.legislation.gov.uk/ssi/2009/49/madeThe Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2009Legal aid and adviceLegal servicesKing's Printer for Scotland2016-08-30LEGAL AID AND ADVICE These Regulations make the following changes:–Regulation 3 amends the Advice and Assistance (Scotland) Regulations 1996 to provide that 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 £5,259 (increased from £5,009) recovered or preserved by virtue of certain family proceedings.Regulation 4 amends the Civil Legal Aid (Scotland) Regulations 2002 to provide that the requirement on 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 £5,259 (increased from £5,009) recovered or preserved by virtue of certain family proceedings.Regulations 5 and 6 revoke the Regulations which previously amended the sum in regulation 16(2)(b) of the Advice and Assistance (Scotland) Regulations 1996 and regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002 respectively. The Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2009RegulationsThe Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2010reg. 5(1)reg. 5(2)reg. 1 2009 No. 49 LEGAL AID AND ADVICE The Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2009 Made 12th February 2009 Laid before the Scottish Parliament 13th February 2009 Coming into force 7th April 2009 The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 12(3) and 17(2B) of the Legal Aid (Scotland) Act 1986 and all other powers enabling them to do so. Citation and commencement 1 These Regulations may be cited as the Advice and Assistance and Civil Legal Aid (Priority of Debts) (Scotland) Regulations 2009 and come into force on 7th April 2009. Application 2 1 Regulation 3 applies only in relation to any case where an application for advice and assistance is made on or after 7th April 2009. 2 Regulation 4 applies only in relation to any case where an application for civil legal is made on or after 7th April 2009. Amendment of the Advice and Assistance (Scotland) Regulations 1996 3 In regulation 16(2)(b) of the Advice and Assistance (Scotland) Regulations 1996, for “£5,009” substitute “£5,259”. Amendment of the Civil Legal Aid (Scotland) Regulations 2002 4 In regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002, for “£5,009” substitute “£5,259”. Revocations 5 Except in relation to a case where the application for advice and assistance is made before 7th April 2009, the Regulations specified in Part 1 of the Schedule are revoked to the extent specified in the corresponding entry in the third column of that Part. 6 Except in relation to a case where the application for civil legal aid is made before 7th April 2009, the Regulations specified in Part 2 of the Schedule are revoked to the extent specified in the corresponding entry in the third column of that Part. KENNY MACASKILL A member of the Scottish Executive
St Andrew’s House, Edinburgh
12th February 2009 SCHEDULE Revocations Regulations 5 and 6 PART 1 Revocation of Regulations relating to Advice and Assistance
The Advice and Assistance (Scotland) Amendment Regulations 2008S.S.I. 2008/47The whole Regulations
The Advice and Assistance (Scotland) Amendment Regulations 2007S.S.I. 2007/60Regulations 2(2) and 7
The Advice and Assistance (Scotland) Amendment Regulations 2006S.S.I. 2006/60The whole Regulations
The Advice and Assistance (Scotland) Amendment Regulations 2005S.S.I. 2005/111The whole Regulations
The Advice and Assistance (Scotland) Amendment Regulations 2004S.S.I. 2004/49The whole Regulations
The Advice and Assistance (Scotland) Amendment Regulations 2003S.S.I. 2003/163Regulation 5
The Advice and Assistance (Scotland) Amendment Regulations 2002S.S.I. 2002/495Regulation 2(a)
PART 2 Revocation of Regulations relating to Civil Legal Aid
The Civil Legal Aid (Scotland) Amendment Regulations 2008S.S.I. 2008/48The whole Regulations
The Civil Legal Aid (Scotland) Amendment Regulations 2007S.S.I. 2007/59Regulation 4(b)
The Civil Legal Aid (Scotland) Amendment Regulations 2006S.S.I. 2006/61The whole Regulations
The Civil Legal Aid (Scotland) Amendment Regulations 2005S.S.I. 2005/112Regulations 3 and 4(b)
The Civil Legal Aid (Scotland) Amendment Regulations 2004S.S.I. 2004/50The whole Regulations
The Civil Legal Aid (Scotland) Amendment Regulations 2003S.S.I. 2003/49Regulation 5
(This note is not part of the Regulations)

These Regulations make the following changes:– Regulation 3 amends the Advice and Assistance (Scotland) Regulations 1996 to provide that 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 £5,259 (increased from £5,009) recovered or preserved by virtue of certain family proceedings. Regulation 4 amends the Civil Legal Aid (Scotland) Regulations 2002 to provide that the requirement on 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 £5,259 (increased from £5,009) recovered or preserved by virtue of certain family proceedings. Regulations 5 and 6 revoke the Regulations which previously amended the sum in regulation 16(2)(b) of the Advice and Assistance (Scotland) Regulations 1996 and regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002 respectively.

1986 (c. 47); section 12(3) was amended by paragraph 12 of Schedule 1 to the Crime and Punishment (Scotland) Act 1997 (c. 48) and section 67(5) of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5). Section 17(2B) was inserted by paragraph 36(6) of Schedule 8 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40). 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). S.I. 1996/2447; regulation 16(2) was amended, other than by way of an increase to the specified figure, by S.S.I. 2002/495. The previous figure in regulation 16(2)(b) of the Advice and Assistance (Scotland) Regulations 1996 was inserted by S.S.I. 2008/47. S.S.I. 2002/494; regulation 33(b) has not been amended other than by way of increases to the specified figure. The previous figure in regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002 was inserted by S.S.I. 2008/48.