Statutory Instrument 1992 No. 1586 (S.147)

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1992

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© Crown Copyright 1992

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1992 No. 1586 (S.147)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1992

The Secretary of State, in exercise of the powers conferred on him by sections 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 been laid before, and approved by a resolution of, each House of Parliament:

    1.—(1)  These Regulations may be cited as the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1992 and shall come into force on 1st July 1992.

    (2)  In these Regulations, "the Act", means the Legal Aid (Scotland) Act 1986.

    2.    For the yearly sum of £6,350 specified in section 15(1) of the Act^[2], there is hereby substituted the yearly sum of £6,800.

    3.    For the sum of £6,310 specified in section 15(2)(a) of the Act^[3], there is hereby substituted the sum of £6,750.

    4.    For the yearly sum of £2,860 specified in section 17(2)(a) of the Act^[4], there is hereby substituted the yearly sum of £3,060.

    5.    Regulations 2 and 3 of the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1990^[5] and regulation 2 of the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1991^[6] are hereby revoked.

Fraser of Carmyllie

Minister of State, Scottish Office
St. Andrew's House, Edinburgh

30th June 1992

These Regulations increase the financial income limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

The income limits are increased to make legal aid available to persons with disposable incomes of not more than £6,800 a year (instead of £6,350) and available without payment of a contribution to those with disposable incomes of less than £3,060 a year (instead of £2,860).

The lower limit of disposable capital below which no contribution in respect of capital may be required remains at £3,000 while the upper limit of disposable capital, above which legal aid may be refused if it appears that applicants could afford to proceed without it, is increased from £6,310 to £6,750.

[1] 1986 c. 47; section 36(2)(b) was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 6. back

[2] The existing figure referred to in regulation 2 was inserted by S.I. 1990/839. back

[3] The existing figure referred to in regulation 3 was inserted by S.I. 1990/839. back

[4] The existing figure referred to in regulation 4 was inserted in section 17 of the Act by S.I. 1991/1094. back

[5] S.I. 1990/839. back

[6] S.I. 1991/1094. back