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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Advice and Assistance (Financial Conditions) (Scotland) Regulations 1999 No. 1020 (S. 74) URL: http://www.bailii.org/uk/legis/num_reg/1999/uksi_19991020_en.html |
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Statutory Instruments
LEGAL AID AND ADVICE, SCOTLAND
Made
24th March 1999
Coming into force
12th April 1999
The Secretary of State, in exercise of the powers conferred on him by sections 11(2), 36(2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before, and approved by a resolution of, each House of Parliament:
1.-(1) These Regulations may be cited as the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1999 and shall come into force on 12th April 1999.
(2) In these Regulations, "the Act" means the Legal Aid (Scotland) Act 1986.
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 1999.
3. For the weekly sum of £172 specified in section 8(a) of the Act(2), there shall be substituted the weekly sum of £178.
4. For the weekly sum of £72 specified in section 11(2)(a) of the Act(3), there shall be substituted the weekly sum of £75.
5. The maximum amount of fees or outlays which a client shall be liable to pay under section 11(2) of the Act(4), where his disposable income falls within a range specified in the first column of the following table, shall be the amount specified in relation to that range in the second column:-�
| Disposable income Range | Maximum contribution | |
|---|---|---|
| 1. | Exceeding £75 but not exceeding £82 a week | £ 7 |
| 2. | Exceeding £82 but not exceeding £89 a week | £14 |
| 3. | Exceeding £89 but not exceeding £96 a week | £21 |
| 4. | Exceeding £96 but not exceeding £103 a week | £28 |
| 5. | Exceeding £103 but not exceeding £110 a week | £35 |
| 6. | Exceeding £110 but not exceeding £117 a week | £42 |
| 7. | Exceeding £117 but not exceeding £124 a week | £49 |
| 8. | Exceeding £124 but not exceeding £131 a week | £56 |
| 9. | Exceeding £131 but not exceeding £138 a week | £63 |
| 10. | Exceeding £138 but not exceeding £145 a week | £70 |
| 11. | Exceeding £145 but not exceeding £152 a week | £77 |
| 12. | Exceeding £152 but not exceeding £159 a week | £84 |
| 13. | Exceeding £159 but not exceeding £166 a week | £91 |
| 14. | Exceeding £166 but not exceeding £178 a week | £103 |
6. The Advice and Assistance (Financial Conditions) (Scotland) Regulations 1998(5) are hereby revoked except in relation to any case where an application for advice and assistance is made before 12th April 1999.
Henry McLeish
Minister of State, Scottish Office
St Andrew's House,
Edinburgh
24th March 1999
(This note is not part of the Regulations)
These Regulations increase the disposable income limit for eligibility for advice and assistance under the Legal Aid (Scotland) Act 1986 from £172 a week to £178 a week; they increase the weekly disposable income above which a person is required to pay a contribution from £72 to £75, and they prescribe the scale of contributions to be paid where the weekly disposable income exceeds £75 but does not exceed £178.
1986 c. 47; section 11(2) was amended by the Social Security Act 1986 (c. 50), Schedule 10, paragraph 61 and by the Jobseekers Act 1995 (c. 18), Schedule 2, paragraph 9 and section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6.
The existing figure specified in section 8(a) was inserted by S.I. 1998/971.
The existing figure specified in section 11(2)(a) was inserted by S.I. 1998/971.
The existing maximum amounts are specified in S.I. 1998/971.
S.I. 1998/971.
