The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 No. 180

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2003 No. 180
LEGAL AID AND ADVICE
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003

	Made	7th March 2003
	Coming into force	7th April 2003

The Scottish Ministers, in exercise of the powers conferred by sections 11(2), 36(1) and (2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of, the Scottish Parliament:

Citation, commencement and interpretation
     1. - (1) These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 and shall come into force on 7th April 2003.

    (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 advice and assistance is made on or after 7th April 2003.

Amendment of the Legal Aid (Scotland) Act 1986
     3. For the weekly sum of Ł189 specified in section 8(a) of the Act[2] substitute the weekly sum of Ł192.

     4. For the capital sum of Ł1,300 specified in section 8 of the Act[3] substitute the capital sum of Ł1,330.

     5. For the weekly sum of Ł80 specified in section 11(2)(a) of the Act[4] substitute the weekly sum of Ł81.

Liability to pay fees or outlays under section 11(2) of the Act
     6. The maximum amount of fees or outlays which a client is liable to pay under section 11(2) of the Act[5], where that client's disposable income falls within a range specified in the first column of the following table, is the amount specified in relation to that range in the second column:-

Disposable income range	Maximum contribution
1. Exceeding Ł81 but not exceeding Ł88 a week	Ł7
2. Exceeding Ł88 but not exceeding Ł95 a week	Ł14
3. Exceeding Ł95 but not exceeding Ł102 a week	Ł21
4. Exceeding Ł102 but not exceeding Ł109 a week	Ł28
5. Exceeding Ł109 but not exceeding Ł116 a week	Ł35
6. Exceeding Ł116 but not exceeding Ł123 a week	Ł42
7. Exceeding Ł123 but not exceeding Ł130 a week	Ł49
8. Exceeding Ł130 but not exceeding Ł137 a week	Ł56
9. Exceeding Ł137 but not exceeding Ł144 a week	Ł63
10. Exceeding Ł144 but not exceeding Ł151 a week	Ł70
11. Exceeding Ł151 but not exceeding Ł158 a week	Ł77
12. Exceeding Ł158 but not exceeding Ł165 a week	Ł84
13. Exceeding Ł165 but not exceeding Ł172 a week	Ł91
14. Exceeding Ł172 but not exceeding Ł179 a week	Ł98
15. Exceeding Ł179 but not exceeding Ł186 a week	Ł105
16. Exceeding Ł186 but not exceeding Ł192 a week	Ł111

Revocation
7. The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2002[6] and the Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002[7] are hereby revoked except in relation to any case where an application for advice and assistance is made before 7th April 2003.

JAMES WALLACE
A member of the Scottish Executive

St Andrew's House, Edinburgh
7th March 2003

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, in relation to any case where an application for advice and assistance is made on or after 7th April 2003-

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2002 and the Advice and Assistance (Financial Conditions) (Scotland) (No. 2) Regulations 2002 except in relation to any case where an application for advice and assistance is made before 7th April 2003 (regulation 7).

Notes:

[1] 1986 c.47; section 11(2) was amended by the Social Security Act 1986 (c.50), Schedule 10, paragraph 61, the Jobseekers Act 1995 (c.18), Schedule 2, paragraph 9 and the Access to Justice Act 1999 (c.22), section 33. Section 36(2)(b) was amended by the Legal Aid Act 1988 (c.34), Schedule 4, paragraph 6. 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).back

[2] The previous figure specified in section 8(a) was inserted by S.S.I. 2002/144.back

[3] The previous figure specified in section 8 was inserted by S.S.I. 2002/329.back

[4] The previous figure specified in section 11(2)(a) was inserted by S.S.I. 2002/144.back

[5] The previous maximum amounts were specified in S.S.I. 2002/144.back

[6] S.S.I. 2002/144.back

[7] S.S.I. 2002/329.back

ISBN 0 11062281 2

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 No. 180 URL: http://www.bailii.org/scot/legis/num_reg/2003/20030180.html