Scottish Statutory Instruments
2016 No. 356
Legal Aid And Advice
The Legal Aid (Scotland) Act 1986 Amendment Regulations 2016
Made 2nd November 2016
Coming into force 1st December 2016

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13(4) of the Legal Aid (Scotland) Act 1986 and all other powers enabling them to do so.
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).
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 and commencement
1. These Regulations may be cited as the Legal Aid (Scotland) Act 1986 Amendment Regulations 2016 and come into force on 1st December 2016.

Proceedings in which civil legal aid is available
2. In paragraph 1 of Part I of schedule 2 of the Legal Aid (Scotland) Act 1986 (courts in which civil legal aid is available), before the entry relating to the Upper Tribunal insert—

“in or with respect to an appeal to the Upper Tribunal for Scotland (including an application for permission to appeal);
Established by section 1 of the Tribunals (Scotland) Act 2014 (asp 10).”.

Schedule 2 was relevantly amended by S.S.I. 2001/42, S.S.I. 2002/532 and S.S.I. 2010/239.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd November 2016

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986 to add appeals to the Upper Tribunal for Scotland (established by section 1 of the Tribunals (Scotland) Act 2014) to the list of proceedings in which civil legal aid is available.
A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.