The Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988

• Citation: S.I. 1988/2288
• Sections: 2

Section 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988 and shall come into force on 17th December 1988.

Section 2 Amendment of financial limit

(1) In section 10(2) of the Legal Aid (Scotland) Act 1986 , in the classes of case defined in paragraph (2) below, there is substituted, in place of the sum of £60 therein specified, the sum of £150.

(2) The £150 specified above shall be the financial limit up to which a solicitor may, without the prior consent of the Board, continue to provide —

(a) assistance by way of representation when a second or subsequent diet has been ordered by the court, or

(b) advice and assistance, provided he is satisfied that —

(i) the matter on which advice and assistance is provided is likely to be resolved only by preparing for proceedings in a civil court;

(ii) the cost of preparation of and making an application for civil legal aid will exceed the limit of £60 specified

(iii) it is likely, on the information provided to him, that the applicant will qualify on financial grounds for civil legal aid; and

(iv) it is reasonable in the circumstances of the case.