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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2007 No. 60

LEGAL AID AND ADVICE

The Advice and Assistance (Scotland) Amendment Regulations 2007

  Made 8th February 2007 
  Laid before the Scottish Parliament 9th February 2007 
  Coming into force
  Regulations 1, 2 and 7 9th April 2007 
  Remainder 1st May 2007 

The Scottish Ministers, in exercise of the powers conferred by sections 12(3), 33(2)(b), (3)(a), (c) and (f) and 36(1), (2)(a), (c), (ca) and (d) 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. —(1) These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 2007.

    (2) Subject to paragraph (3), the Regulations shall come into force on 1st May 2007.

    (3) This regulation and regulations 2 and 7 shall come into force on 9th April 2007.

Application
    
2. —(1) Subject to paragraph (2), these Regulations shall apply only in relation to any case where an application for advice and assistance in relation to a civil matter is made on or after 1st May 2007.

    (2) Regulation 7 shall apply only in relation to any case where an application for advice and assistance is made on or after 9th April 2007.

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 appropriate places, insert–

     5. After regulation 8, insert–

     6. In regulation 13, at the end, insert–

     7. In regulation 16(2)(b), for "£4,653", substitute "£4,821"[4].

     8. In regulation 18, after paragraph 3, insert–

     9. In Part II of Schedule 3, in paragraph 2, insert–


JOHANN M LAMONT
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
8th February 2007



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 ("the principal Regulations") as regards the advice and assistance scheme in relation to civil matters and the procedure by which such applications are made. They provide as follows:–


Notes:

[1] 1986 c.47. Section 36(2)(ca) was inserted by the Legal Profession and Legal Aid (Scotland) Act 2007 asp 5, section 76. 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; relevant amending instruments are S.S.I. 2004/492, 2005/171 and S.S.I. 2006/60.back

[3] These provisions must be included in the Regulations in accordance with section 36(2A) of the Legal Aid (Scotland) Act 1986 (c.47) which was inserted by the Legal Profession and Legal Aid (Scotland) Act 2007 asp 5, section 76.back

[4] The previous figure in regulation 16(2)(b) was inserted by S.S.I. 2006/60.back



ISBN 978 0 11 071645 9


 © Crown copyright 2007

Prepared 15 February 2007


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URL: http://www.bailii.org/scot/legis/num_reg/2007/20070060.html