The Civil Legal Aid (Scotland) Amendment Regulations 1993

• Citation: S.I. 1993/535
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 1993 and shall come into force on 1st April 1993.

Section 2 Interpretation

In these Regulations “the principal Regulations ” means the Civil Legal Aid (Scotland) Regulations 1987 .

Section 3 Amendment of principal Regulations

In regulation 3 of the principal Regulations (interpretation) there shall be inserted the following definitions:—

(a) after the definition of “child”:—

“counsel” includes a rights of audience solicitor;

(b) after the definition of “interest in land”:—

“junior counsel” includes a rights of audience solicitor;

(c) at the end:—

“rights of audience solicitor” means a solicitor having a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980 ; and

“senior counsel” includes a rights of audience solicitor.

Section 4 Amendment of principal Regulations

In regulation 6 of the principal Regulations, there shall be substituted for the words “the right of a minor” the words “any right of a child”.

Section 5 Amendment of principal Regulations

For paragraph 8A of Schedule 2 to the principal Regulations, there shall be substituted the following paragraphs:—

(8A) There shall be a deduction in respect of any amounts paid by the person concerned in respect of arrears of community charge and community water charges as defined in section 26(1), and the rate as was defined in section 26(2), of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 in respect of any period prior to 1st April 1993.

(8B) There shall be a deduction in respect of the amounts payable or estimated to be payable in the 12 months following the application by the person concerned in respect of the council tax, the council water tax and the rate as defined in section 99(1) and (2)(a) of the Local Government Finance Act 1992

Section 6 Amendment of principal Regulations

The amendments made by these Regulations shall only apply in relation to any application for civil legal aid which is made to the Scottish Legal Aid Board on or after 1st April 1993.