Statutory Instruments
1997 No. 1112 (S.98)

LEGAL AID AND ADVICE, SCOTLAND
The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1997

Made
24th March 1997

Coming into force
7th April 1997

The Secretary of State, in exercise of the powers conferred on him by section 36(1) and (2)(b) 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 Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1997 and shall come into force on 7th April 1997.

(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 civil legal aid is made to the Scottish Legal Aid Board on or after 7th April 1997.

3.  For the yearly amount of £8,158 specified in section 15(1) of the Act(2), there shall be substituted the yearly amount of £8,370.

4.  For the yearly amount of £2,498 specified in section 17(2)(a) of the Act(3), there shall be substituted the yearly amount of £2,563.

5.  Regulations 3 and 5 of the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1996(4) are hereby revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 7th April 1997.

James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House Edinburgh
24th March 1997

Explanatory Note

(This note is not part of the Regulations)
These Regulations increase certain of the financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986 (“the 1986 Act”).
The income limits are increased to make eligible for civil legal aid, persons with a disposable income of not more than £8,370 (instead of £8,158) and to make eligible without payment of a contribution, persons with a disposable income of not more than £2,563 (instead of £2,498).
The Regulations only apply in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board on or after 7th April 1997.
As a consequence of this regulations 3 and 5 of the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1996 which increased the previous income limits specified in sections 15(1) and 17(2)(a) of the 1986 Act are revoked except in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board before 7th April 1997.


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

(2)
The existing figure specified in section 15(1) was inserted by S.I. 1996/1012.

(3)
The existing figure specified in section 17(2)(a) was inserted by S.I. 1996/1012.

(4)
1996/1012.