Statutory Instrument 1995 No. 1065 (S.91)

The Civil Legal Aid (Scotland) Amendment Regulations 1995

---

© Crown Copyright 1995

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Civil Legal Aid (Scotland) Amendment Regulations 1995, ISBN 0110549821. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

1995 No. 1065 (S.91)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland) Amendment Regulations 1995

The Secretary of State, in exercise of the powers conferred on him by sections 36(1) and (2)(a) and (g), 37(1) and 42(3) of the Legal Aid (Scotland) Act 1986^[1] and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 1995 and shall come into force on 5th May 1995.

    (2)  In these Regulations "the principal Regulations" means the Civil Legal Aid (Scotland) Regulations 1987^[2].

Application
    2.—(1)  Regulation 3 shall apply only in relation to any case where an application for civil legal aid is made to the Scottish Legal Aid Board on or after 5th May 1995.

    (2)  Regulation 4 shall apply only in relation to any case where money is received by the Scottish Legal Aid Board in pursuance of regulation 40 of the principal Regulations on or after 5th May 1995.

Amendment of the principal Regulations
    3.    After regulation 11 of the principal Regulations there shall be inserted—

"Resources of cohabitees
    11A.    A man and a woman who are not married to each other and who are living together in the same household as husband and wife shall be treated for the purposes of section 42 of the Act as if they were spouses of each other." .

    4.    In regulation 40 of the principal Regulations (recovery of payments out of property recovered or preserved)—
 (a) after paragraph (4)(c) there shall be inserted—
"(cc) the Board shall deposit money paid to it in one general account with a bank or building society; and" ;

 (b) after paragraph (4)(d)(ii) there shall be inserted—
"(iii) subject to paragraph (5) below, pay to the party or to such person a sum representing the gross interest earned on the money held for the party in accordance with this paragraph.


    (5)  The Board shall not be required to pay interest where the money held for the party does not exceed £500 or where the period during which it is held by the Board is less than 28 days.

    (6)  In this regulation—"general account" means an interest bearing account opened in the name of the Board, the title of which does not identify any assisted person." .

Fraser of Carmyllie

Minister of State, Scottish Office
St Andrew's House, Edinburgh

5th April 1995
We concur,

A J B Mitchell

Kenneth Clark

Two of the Lords Commissioners of Her Majesty's Treasury

11th April 1995

These Regulations amend the Civil Legal Aid (Scotland) Regulations 1987. The regulations provide for the aggregation of the resources of a man and a woman living together as husband and wife who are not married to each other (regulation 3) and place on a regulatory footing the payment of interest earned on money held by the Scottish Legal Aid Board as property recovered or preserved for an assisted person pending determination of that person's net liability to the Scottish Legal Aid Fund (regulation 4).

[1] 1986 c. 47. back

[2] S.I. 1987/381, as amended by 1988/490, 1171 and 1891, 1989/505, 1990/631, 1991/745 and 1904, 1992/753, 1993/535 and 818 and 1994/1049. back