The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005 No. 163

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2005 No. 163
LEGAL AID AND ADVICE
The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2005

	Made	17th March 2005
	Coming into force	11th April 2005

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 2005 and shall come into force on 11th April 2005.

    (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 11th April 2005.

Amendment of the Legal Aid (Scotland) Act 1986
     3. For the weekly sum of Ł197 specified in section 8(a) of the Act[2] substitute the weekly sum of Ł203.

     4. For the capital sum of Ł1,370 specified in section 8 of the Act[3] substitute the capital sum of Ł1,412.

     5. For the weekly sum of Ł83 specified in section 11(2)(a) of the Act[4] substitute the weekly sum of Ł86.

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 Ł86 but not exceeding Ł93 a week	Ł7
2. Exceeding Ł93 but not exceeding Ł100 a week	Ł14
3. Exceeding Ł100 but not exceeding Ł107 a week	Ł21
4. Exceeding Ł107 but not exceeding Ł114 a week	Ł28
5. Exceeding Ł114 but not exceeding Ł121 a week	Ł35
6. Exceeding Ł121 but not exceeding Ł128 a week	Ł42
7. Exceeding Ł128 but not exceeding Ł135 a week	Ł49
8. Exceeding Ł135 but not exceeding Ł142 a week	Ł56
9. Exceeding Ł142 but not exceeding Ł149 a week	Ł63
10. Exceeding Ł149 but not exceeding Ł156 a week	Ł70
11. Exceeding Ł156 but not exceeding Ł163 a week	Ł77
12. Exceeding Ł163 but not exceeding Ł170 a week	Ł84
13. Exceeding Ł170 but not exceeding Ł177 a week	Ł91
14. Exceeding Ł177 but not exceeding Ł184 a week	Ł98
15. Exceeding Ł184 but not exceeding Ł191 a week	Ł105
16. Exceeding Ł191 but not exceeding Ł198 a week	Ł112
17. Exceeding Ł198 but not exceeding Ł203 a week	Ł117

Revocation
7. The Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004[6] are hereby revoked except in relation to any case where an application for advice and assistance is made before 11th April 2005.

HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
17th March 2005

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 11th April 2005-

The Regulations also revoke the Advice and Assistance (Financial Conditions) (Scotland) Regulations 2004 except in relation to any case where an application for advice and assistance is made before 11th April 2005 (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. 2004/140.back

[3] The previous figure specified in section 8 was inserted by S.S.I. 2004/140.back

[4] The previous figure specified in section 11(2)(a) was inserted by S.S.I. 2004/140.back

[5] The previous maximum amounts were specified in S.S.I. 2004/140.back

[6] S.S.I. 2004/140.back

ISBN 0 11 069508 9

Prepared 29 March 2005

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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050163.html

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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 2005 No. 163 URL: http://www.bailii.org/scot/legis/num_reg/2005/20050163.html