The Advice and Assistance (Scotland) Amendment Regulations 1990

• Citation: S.I. 1990/632
• Sections: 7

Section 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 1990 and shall come into force on 9th April 1990.

Section 2 Interpretation

In these Regulations, “the principal Regulations ” means the Advice and Assistance (Scotland) Regulations 1987 .

Section 3 Transitional provisions

These Regulations shall–

(a) apply to applications for advice and assistance where the determination is made on or after 9th April 1990;

(b) not apply to applications for advice and assistance where the determination or redetermination is made before 9th April 1990.

Section 4 Resources of an applicant who is a child

Paragraph 4 of Schedule 2 to the principal Regulations shall be omitted.

Section 5 Deprivation or conversion of resources

In paragraph 5 of Schedule 2 to the principal Regulations, after the words “maximum contribution”, there shall be inserted the words “, whether for the purpose of making himself eligible for advice and assistance, reducing his liability to pay a contribution towards legal aid or otherwise”.

Section 6 Resources of pensioners

After paragraph 10 of and Schedule 2 to the principal Regulations there shall be inserted the following new paragraph:–

(11)

(1) Where the person concerned is of pensionable age and his weekly disposable income (excluding any net income derived from capital) is less than the current amended figure thereof as prescribed in section 11(2)(a) of the Legal Aid (Scotland) Act 1986 , there shall be disregarded the amount of capital as specified in the following table:–

(2) In this Schedule “pensionable age” means–

(a) in the case of a man, the age of 65; and

(b) in the case of a woman, the age of 60.

Section 7 Capital payments made in relation to proceedings

After paragraph 11 of Schedule 2 to the principal Regulations (as inserted by regulation 6 above) there shall be inserted the following new paragraph:–

(12) In computing the amount of capital of the person concerned there shall be wholly disregarded any capital payment received from any source which is made in relation to the subject matter of the dispute in respect of which the legal aid application has been made.