Statutory Instrument 1993 No. 973 (S.135)

The Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993

---

© Crown Copyright 1993

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993, ISBN 0110339738. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1993 No. 973 (S.135)

LEGAL AID AND ADVICE, SCOTLAND

The Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993

The Secretary of State, in exercise of the powers conferred on him by sections 9(1) and (2)(e) 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 of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by a resolution of, each House of Parliament:

Citation and commencement
    1.    These Regulations may be cited as the Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993 and shall come into force on 1st April 1993.

Amendment
    2.    For sub-paragraph (a) of regulation 2(2) of the Advice and Assistance (Scotland) (Prospective Cost) (No. 3) Regulations 1988(^[2]), there shall be substituted the following sub-paragraph:-
"(a) assistance by way of representation-
(i) when a second or subsequent diet has been ordered by the court; or

(ii) in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985(^[3]); or" .

Fraser of Carmyllie

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

31st March 1993

These Regulations amend The Advice and Assistance (Scotland) (Prospective Cost) (No. 3) Regulations 1988 by adding to the class of case for which assistance by way of representation may be provided by a solicitor up to the limit of £150 without obtaining the prior approval of the Scottish Legal Aid Board, the case where assistance by way of representation is provided in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985, as amended by the Bankruptcy (Scotland) Act 1993.

[1] 1986 c. 47. back

[2] S.I. 1988/2288, to which there are amendments not relevant to these Regulations. back

[3] 1985 c. 66; section 5(2)(a) of the 1985 Act was amended by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6). back