The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993

• Citation: S.I. 1993/3187
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 and shall come into force on 10th January 1994.

Section 2 Interpretation

In these Regulations–

“ the Act ” means the Legal Aid (Scotland) Act 1986;

“a Parole Board case” means a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 1993 applies;

“prisoner” has the meaning assigned to it by rule 2(1) of the Parole Board (Scotland) Rules 1993.

Section 3 Financial Limit

There is substituted in the place of the sum of £50 specified in section 10(2) of the Act as originally enacted–

(a) in any case to which regulation 4 of these Regulations applies, the sum of £150; and

(b) in any other case, the sum of £80.

Section 4 Special cases

This Regulation applies to the following cases:–

(a) where assistance by way of representation is provided–

(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 ; or

(iii) in proceedings in a Parole Board case; or

(b) where advice and assistance is provided and the solicitor 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 for which legal aid is available; and

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

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

Section 5 Revocations

The following Regulations are hereby revoked:–

(a) the Advice and Assistance (Scotland) (Prospective Cost) (No.3) Regulations 1988 ;

(b) the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991 ;

(c) the Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993 .