The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2004 No. 140
LEGAL AID AND ADVICE
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004

	Made	23rd March 2004
	Coming into force	12th April 2004

The Scottish Ministers, in exercise of the powers conferred by sections 11(2), and 36(1) and (2)(b) 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 2004 and shall come into force on 12th April 2004.

    (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 12th April 2004.

Amendment of the Legal Aid (Scotland) Act 1986
     3. For the weekly sum of Ł192 specified in section 8(a) of the Act[2] substitute the weekly sum of Ł197.

     4. For the capital sum of Ł1,330 specified in section 8 of the Act[3] substitute the capital sum of Ł1,370.

     5. For the weekly sum of Ł81 specified in section 11(2)(a) of the Act[4] substitute the weekly sum of Ł83.

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 Ł83 but not exceeding Ł90 a week	Ł7
2. Exceeding Ł90 but not exceeding Ł97 a week	Ł14
3. Exceeding Ł97 but not exceeding Ł104 a week	Ł21
4. Exceeding Ł104 but not exceeding Ł111 a week	Ł28
5. Exceeding Ł111 but not exceeding Ł118 a week	Ł35
6. Exceeding Ł118 but not exceeding Ł125 a week	Ł42
7. Exceeding Ł125 but not exceeding Ł132 a week	Ł49
8. Exceeding Ł132 but not exceeding Ł139 a week	Ł56
9. Exceeding Ł139 but not exceeding Ł146 a week	Ł63
10. Exceeding Ł146 but not exceeding Ł153 a week	Ł70
11. Exceeding Ł153 but not exceeding Ł160 a week	Ł77
12. Exceeding Ł160 but not exceeding Ł167 a week	Ł84
13. Exceeding Ł167 but not exceeding Ł174 a week	Ł91
14. Exceeding Ł174 but not exceeding Ł181 a week	Ł98
15. Exceeding Ł181 but not exceeding Ł188 a week	Ł105
16. Exceeding Ł188 but not exceeding Ł195 a week	Ł112
17. Exceeding Ł195 but not exceeding Ł197 a week	Ł114

Revocation
7. The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003[6]are hereby revoked except in relation to any case where an application for advice and assistance is made before 12th April 2004.

CATHY JAMIESON
A member of the Scottish Executive

St Andrew's House, Edinburgh
23rd March 2004

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 12th April 2004-

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2003 except in relation to any case where an application for advice and assistance is made before 12th April 2004 (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. 2003/180.back

[3] The previous figure specified in section 8 was inserted by S.S.I. 2003/180.back

[4] The previous figure specified in section 11(2)(a) was inserted by S.S.I. 2003/180.back

[5] The previous maximum amounts were specified in S.S.I. 2003/180.back

[6] S.S.I. 2003/180.back

ISBN 0 11069060 5

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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 2004 URL: http://www.bailii.org/scot/legis/num_reg/2004/20040140.html