2011 No. 161
Legal Aid And Advice

The Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 36(1) and (2)(a) and (d) of the Legal Aid (Scotland) Act 19861 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Advice and Assistance and Legal Aid (Online Applications etc.) (Scotland) Regulations 2011 and come into force on 1st April 2011.

Amendment of the Advice and Assistance (Scotland) Regulations 19962.

(1)

The Advice and Assistance (Scotland) Regulations 19962 are amended in accordance with paragraphs (2) and (3).

(2)

After regulation 2 insert—

“Manner of applications etc.2A.

(1)

Any application to the Board under regulations 8B(3), 12(1), 13, 14A(2) and 16(3) shall be made in such form as the Board may require, which may include an online form.

(2)

Any statement, information, document, notification, notice or other correspondence, including any copies which require to be sent, given, supplied, or otherwise provided to the Board under regulations 11, 14, 14A(1), 15 and 15A(1) shall be in such form as the Board may require, which may include an online form.”.

(3)

In regulation 13(2) omit “and the application must also be countersigned by the client seeking advice and assistance,”.

Amendment of the Criminal Legal Aid (Scotland) Regulations 19963.

After regulation 2 of the Criminal Legal Aid (Scotland) Regulations 19963 insert—

“Manner of applications etc.2A.

(1)

Any application to the Board under or referred to in regulations 14, 15 and 17(3) shall be made in such form as the Board may require, which may include an online form.

(2)

Any statement, information, notification or other correspondence which requires to be supplied or otherwise provided to the Board under regulations 16 and 17(1) and (2) shall be in such form as the Board may require, which may include an online form.”.

Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 19924.

(1)

The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 19924 are amended in accordance with paragraphs (2) and (3).

(2)

After regulation 2 insert—

“Manner of applications2A.

Any application to the Board under regulations 7 and 7A shall be made in such form as the Board may require, which may include an online form.”.

(3)

In regulation 4(3)—

(a)

in sub-paragraph (a) omit “in writing” and after “form” insert “, which may include an online form,”; and

(b)

omit sub-paragraph (c).

Amendment of the Legal Aid (Scotland) (Children) Regulations 19975.

(1)

The Legal Aid (Scotland) (Children) Regulations 19975 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 5(1)—

(a)

in sub-paragraph (a)—

(i)

omit “in writing” and “and be signed by the applicant”; and

(ii)

after “require” insert “, which may include an online form”; and

(b)

in sub-paragraph (b) omit “signed” and “or on behalf of”.

(3)

In regulation 10 after paragraph (2) insert—

“(3)

Any application to the Board under this regulation shall be made in such form as the Board may require, which may include an online form.”.

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19996.

In regulation 4A of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19996—

(a)

in paragraph (5)(a)(i) after “form” insert “, which may include an online form”; and

(b)

omit paragraph (6)(a).

Amendment of the Civil Legal Aid (Scotland) Regulations 20027.

(1)

The Civil Legal Aid (Scotland) Regulations 20027 are amended in accordance with paragraphs (2) to (9).

(2)

After regulation 2 insert—

“Manner of applications etc.2A.

(1)

Any application to the Board under or referred to in regulations 7(2), 18, 20, 21, 22, 25(3), 45 and 46 shall be in such form as the Board may require, which may include an online form.

(2)

Any statement, information, notification, notice or other correspondence which requires to be supplied, brought to the attention of, given or otherwise provided to the Board under regulations 18, 23(1) and (2), 24(1), 25(1) and (2) and 42 shall be in such form as the Board may require, which may include an online form.”.

(3)

In regulation 5—

(a)

in paragraph (1) for sub-paragraphs (a) and (b) substitute—

“(a)

in such form as the Board may require, which may include an online form;

(b)

accompanied by a statement as to the nature of the case and the interest of the applicant therein;”;

(b)

in paragraph (2) omit “in writing”.

(4)

In regulation 13A(2)(c) omit “in writing”.

(5)

Omit regulation 18(5)(b).

(6)

Omit regulation 20(1)(a).

(7)

In regulation 26 omit “in writing” and after “require,” insert “which may include an online form,”.

(8)

In regulation 45—

(a)

omit paragraphs (2)(d)(i) and (3)(c)(i); and

(b)

in paragraph (3)(c)(ii)(aa) omit “signed by the solicitor”.

(9)

In regulation 46—

(a)

omit paragraph (2)(c)(i); and

(b)

in paragraph (2)(c)(ii) omit “signed by the solicitor”.

KENNY MACASKILL
A member of the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996, the Criminal Legal Aid (Scotland) Regulations 1996, the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992, the Legal Aid (Scotland) Children Regulations 1997, the Criminal Legal Aid (Fixed Payment) (Scotland) Regulations 1999 and the Civil Legal Aid (Scotland) Regulations 2002 to allow the Scottish Legal Aid Board (“the Board”) to determine the form in which applications should be made to it, which may include an online form. Where the Regulations outlined above require a statement, information, document, notice, notification or other correspondence to be sent, given, supplied, brought to the attention of or otherwise provided to the Board, the Regulations allow the Board to determine in what form this should be done, which may include an online form.