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The Civil Legal Aid (Scotland) Regulations 2002

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Revocations and savings

    4. 4.Distinct proceedings for purposes of legal aid

  3. PART II APPLICATIONS FOR LEGAL AID

    1. 5.Form of application

    2. 6.Applications on behalf of children

    3. 7.Notification to opponent

    4. 8.Right of opponent to make representations

    5. 9.Attendance for interview and supply of information

  4. PART III ASSESSMENT OF RESOURCES

    1. 10.Determination of disposable income and disposable capital

    2. 11.Circumstances in which resources of spouse not to be taken into account and resources of cohabitees

    3. 12.Deprivation or conversion of resources

    4. 13.Assessment of disposable income, etc. in relation to appellate proceedings

    5. 14.Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

  5. PART IV DETERMINATION OF APPLICATIONS

    1. 15.Applicant having joint interest, etc. with other persons

    2. 16.Applicant having rights and facilities in relation to litigation

    3. 17.Contributions

    4. 18.Legal aid in matters of special urgency

    5. 19.Notification of decision

    6. 20.Application for review

  6. PART V CONDUCT OF PROCEEDINGS

    1. 21.Employment of counsel and expert witnesses and prior approval of the Board in cases of work of an unusual nature or likely to involve unusually large expenditure

    2. 22.Execution of diligence

  7. PART VI CHANGE OF CIRCUMSTANCES

    1. 23.Duty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances

    2. 24.Duty to report abuse of legal aid

    3. 25.Change of nominated solicitor

    4. 26.Duty to report completion of proceedings

    5. 27.Power of Board to modify or impose conditions

    6. 28.Power of Board to amend determination

    7. 29.Power of Board to suspend availability of legal aid

    8. 30.Termination of legal aid on change of circumstances

    9. 31.Termination of legal aid other than on change of circumstances

    10. 32.Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.

  8. PART VII EXPENSES

    1. 33.Payments out of property recovered or preserved: exceptions

    2. 34.Liability of assisted person where legal aid received in part of matter

    3. 35.Liability of assisted person where legal aid ceases in part of matter

    4. 36.Liability for expenses of assisted person acting in a fiduciary, representative, official or other capacity

    5. 37.Unassisted party acting in a fiduciary, representative or official capacity

    6. 38.Application for revision of award of expenses against assisted person

    7. 39.Recovery of expenses

    8. 40.Recovery of payments out of property recovered or preserved

    9. 41.Interest on sums outstanding

    10. 42.Payment to solicitor who acts before award of legal aid made

  9. PART VIII PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS

    1. 43.Appeals to the House of Lords

    2. 44.Employment Appeal Tribunal

    3. 45.Convention applications

    4. 46.Applications under the European Judgments Convention

    5. 47.Social Security Commissioners and Child Support Commissioners

  10. Signature

    1. SCHEDULE 1

      REGULATIONS REVOKED

    2. SCHEDULE 2

      RULES FOR COMPUTING DISPOSABLE INCOME

      1. 1.The income of the person concerned from any source shall...

      2. 2.The income in respect of any emolument, benefit or privilege...

      3. 3.(1) The income from a trade, business or gainful occupation...

      4. 4.(1) In computing the disposable income of the person concerned...

      5. 5.In computing the disposable income of the person concerned, there...

      6. 6.There shall be disregarded £4 a week of the income...

      7. 7.There shall be disregarded– (a) attendance allowance paid under section...

      8. 8.When the income of the person concerned consists, wholly or...

      9. 9.There shall be a deduction in respect of contributions payable...

      10. 10.There shall be a deduction in respect of the amounts...

      11. 11.(1) There shall be a deduction, in respect of rent...

      12. 12.If the person concerned is not a householder, there shall...

      13. 13.(1) There shall be a deduction in respect of the...

      14. 14.If the person concerned is making and, throughout such period...

      15. 15.Where the person concerned must provide for any other matter...

      16. 16.In computing the income from any source there shall be...

    3. SCHEDULE 3

      RULES FOR COMPUTING DISPOSABLE CAPITAL

      1. 1.Subject to the provisions of these Regulations, there shall be...

      2. 2.So far as any resource does not consist of money,...

      3. 3.Where money is due to the person concerned, whether immediately...

      4. 4.If the person concerned stands in relation to a company...

      5. 5.Where the person concerned is or is to be treated...

      6. 6.The value of any interest, whether vested or contingent, of...

      7. 7.In computing the amount of capital of the person concerned...

      8. 8.In computing the amount of capital of the person concerned,...

      9. 9.Save in exceptional circumstances, nothing shall be included in the...

      10. 10.(1) In computing the amount of capital of the person...

      11. 11.Where the person concerned has received or is entitled to...

      12. 12.The value of any life assurance or endowment policy shall...

      13. 13.Where under any statute, bond, agreement, indemnity, guarantee or other...

      14. 14.An allowance may be made in respect of any debt...

      15. 15.(1) Where the person concerned is of pensionable age and...

      16. 16.In computing the amount of capital of the person concerned...

      17. 17.In computing the amount of capital there shall be disregarded...

  12. Explanatory Note

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