The Advice and Assistance (Scotland) Amendment Regulations 1997

• Citation: S.I. 1997/726
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Advice and Assistance (Scotland) Amendment Regulations 1997 and shall come into force on 1st April 1997.

(2) In these Regulations, “the principal Regulations ” means the Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996 .

Section 2 Application

(1) Regulations 4 and 5 shall apply only in relation to any case where an application for advice and assistance is made on or after 1st April 1997.

(2) Regulation 6 shall apply only to fees for work done on or after 1st April 1997.

Section 3 Amendment of principal Regulations

In regulation 1 (citation and commencement) of the principal Regulations for the words from “Advice and Assistance” to “Regulations 1996” there shall be substituted “Advice and Assistance (Scotland) Regulations 1996”.

Section 4 Amendment of principal Regulations

In regulation 16(2) of the principal Regulations (payment of fees and outlays from property recovered or preserved)–

(a) in sub-paragraph(a)(v) the words from “of the 1992 Act” to the end shall be substituted with the words “or an income-based jobseekers allowance or a back to work bonus (payable under the Jobseekers Act 1995)” ;

(b) in sub-paragraph (c) the words from “, but excluding” to the end shall be omitted;

(c) at the end the full stop shall be omitted and there shall be inserted–

;

(i) to any payment made under the Community Care (Direct Payments Act 1996 or under section 12B of the Social Work (Scotland) Act 1968 ;

(j) to any payment made by the Secretary of State under the Earnings Top-up Scheme .

Section 5 Amendment of principal Regulations

In Schedule 2 to the principal Regulations (assessment of disposable capital and disposable income)–

(a) for paragraph 5(b) there shall be substituted the following paragraphs–

(b) there shall be left out of account a back to work bonus (payable under the Jobseekers Act 1995);

(ba) there shall be left out of account any payment made under the Community Care (Direct Payments) Act 1996 or under section 12B of the Social Work (Scotland) Act 1968; and

(b) in paragraph 7(a)(ii) for the words “those Acts” there shall be substituted the words “that Act”.

Section 6 Amendment of principal Regulations

In Schedule 3 to the principal Regulations (table of fees allowable to solicitors)–

(a) in Part I (table of fees allowable to solicitors for assistance by way of representation) for paragraphs 1(b)5 and 2 there shall be substituted the following paragraphs–

(5) Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), a fee of 8 pence shall be paid for each sheet copied.

Interpretation

(2) In this Table–

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.

(b) in Part II (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation)–

(i) for paragraph 1. E there shall be substituted the following paragraph–

(ii) for paragraph 3 there shall be substituted the following paragraph–

Interpretation

(3) In this Table–

a “sheet” shall consist of 250 words or numbers; and

a “page” shall consist of 125 words or numbers.