The Civil Legal Aid (Scotland) Amendment Regulations 2006

Made: 14th February 2006

Laid before the Scottish Parliament: 16th February 2006

Coming into force: 10th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 17(2B) and 36(1) of the Legal Aid (Scotland) Act 1986[^f00001] 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 Civil Legal Aid (Scotland) Amendment Regulations 2006 and shall come into force on 10th April 2006.

Application

2

These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 10th April 2006.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3

In regulation 33(b) of the Civil Legal Aid (Scotland) Regulations 2002[^f00002], for “£4,531” substitute “£4,653”.

Signed

HUGH HENRY — Authorised to sign by the Scottish Ministers — 14th February 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 to provide that the requirement on a person in receipt of civil legal aid to pay the amount of any net liability of the Scottish Legal Aid Fund shall not apply to the first £4,653 recovered or preserved by virtue of certain family proceedings (this sum is increased from £4,531).

Footnotes

[^f00001]: 1986 c. 47; section 17(2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 36(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).

[^f00002]: S.S.I. 2002/494 as relevantly amended by S.S.I. 2003/49, 2004/50 and 2005/112.