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SCOTTISH STATUTORY INSTRUMENTS
2003 No. 421
LEGAL AID AND ADVICE
The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003
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Made |
9th September 2003 | |
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Laid before the Scottish Parliament |
10th September 2003 | |
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Coming into force |
1st October 2003 | |
The Scottish Ministers in exercise of the powers conferred by sections 12(3), 36(1) and (2)(d) and 42 of the Legal Aid (Scotland) Act 1986[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1.
These Regulations may be cited as the Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 and shall come into force on 1st October 2003.
Application
2.
These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 1st October 2003.
Amendment of the Advice and Assistance (Scotland) Regulations 1996
3.
The Advice and Assistance (Scotland) Regulations 1996[2] are amended in accordance with the following regulations.
4.
In regulation 2(1), at the end insert-
5.
For regulation 6(1), substitute-
6.
In regulation 7, at the end insert-
7.
In Schedule 2, at the end of paragraph 5(d), insert-
HUGH HENRY
Authorised to sign on behalf of the Scottish Ministers
St Andrew's House, Edinburgh
9th September 2003
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Scotland) Regulations 1996, to include a definition for the purposes of these Regulations of the term "legal representative", and also to specify-
(a) who may apply for advice and assistance on behalf of other persons (regulation 5);
(b) for the purposes of assessing a person's disposable income and capital and any contribution payable, that no account is taken of the personal resources of any legal representative or other person authorised to act on their behalf (regulation 6);
(c) for the purposes of assessing a person's disposable income and capital, that no account is taken of payments made in connection with state pension credit (regulation 7).
Notes:
[1]
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).back
[2]
S.I. 1996/2447, as amended by S.I. 1997/726, 1998/724, and S.S.I. 2000/181 and 399, 2002/495, and 2003/163.back
[3]
2000 asp 4.back
[4]
1984 c.36.back
[5]
2002 c.16.back
ISBN
0 11062448 3
| © Crown copyright 2003 |
Prepared
23 September 2003
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URL: http://www.bailii.org/scot/legis/num_reg/2003/20030421.html
