The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2006
| Jurisdiction | Scotland |
| Citation | SSI 2006/325 |
| Year | 2006 |
2006 No. 325
LEGAL AID AND ADVICE
The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2006
Made 8th June 2006
Laid before the Scottish Parliament 9th June 2006
Coming into force 1st August 2006
The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(d), (e) and (h) of the Legal Aid (Scotland) Act 19861and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2006 and shall come into force on 1st August 2006.
(2) In these Regulations–
“the Act” means the Legal Aid (Scotland) Act 1986;
“the 2000 Act” means the Adults with Incapacity (Scotland) Act 20002; and
“Fund” means the Scottish Legal Aid Fund.
Application
2. These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 1st August 2006.
Amendment of the Civil Legal Aid (Scotland ) Regulations 2002
3. The Civil Legal Aid (Scotland) Regulations 20023are amended in accordance with the following regulations.
4. Regulation 2(1) is amended as follows–
(a) after the definition of “the 1995 Act” insert–
““the 2000 Act” means the Adults with Incapacity (Scotland) Act 2000;”; and
(b) in the definition of “legal representative” for “the Adults with Incapacity (Scotland) Act 2000” substitute “the 2000 Act”.
5. In regulations 5(1)(a)(iii) and 36(2) for “the Adults with Incapacity (Scotland) Act 2000” substitute “the 2000 Act”.
6. After regulation 13, insert–
“Assessment of disposable income , etc . in relation to adults with incapacity applications
13A.—(1) In this regulation “adults with incapacity application” means an application to the sheriff by a person concerned as claiming or having an interest in the property, financial affairs or personal welfare of an adult under the 2000 Act, other than the adult to whom the application relates, for–
(a)
(a) an intervention order under section 53(1) of the 2000 Act; or
(b)
(b) a guardianship order under section 57(1) of the 2000 Act,
relating to the personal welfare of an adult or to the property, financial affairs and personal welfare of an adult.
(2) Sections 15 and 17 of the Act and regulation 5 above shall be modified to the extent provided in the sub-paragraphs below in relation to adults...
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