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The Civil Legal Aid (Scotland) Regulations 2002
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- Scottish Statutory Instruments
- 2002 No. 494
- PART VIII
- Regulation 46
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Changes and effects yet to be applied to Regulation 46:
- Regulations applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
- reg. 46(2)(c)(i) omitted by S.S.I. 2011/161 reg. 7(9)(a)
- reg. 46(2)(c)(ii) words omitted by S.S.I. 2011/161 reg. 7(9)(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 para. 5(f) added by S.I. 2008/1879 reg. 38(4)
- Sch. 2 para. 5(g) inserted by S.S.I. 2013/137 reg. 13(3)
- Sch. 2 para. 7(g) inserted by S.S.I. 2013/142 reg. 7(4)(c)
- Sch. 2 para. 7(f) inserted by S.S.I. 2013/65 reg. 7
- sch. 2 para. 7(h) inserted by S.S.I. 2020/424 reg. 3(4)
- sch. 2 para. 7(i)(j) inserted by S.S.I. 2021/73 reg. 8
- sch. 2 para. 7(k)(l) inserted by S.S.I. 2022/31 reg. 8(3)
- sch. 2 para. 5(h) inserted by S.S.I. 2023/11 reg. 3(4)(a)
- sch. 2 para. 7(m) inserted by S.S.I. 2023/11 reg. 3(4)(b)
- Sch. 2 para. 5(i) inserted by S.S.I. 2023/178 reg. 6(4)(b)
- Sch. 2 para. 5(n) inserted by S.S.I. 2023/178 reg. 6(4)(c)
- Sch. 2 para. 7(o) inserted by S.S.I. 2023/313 reg. 6(4)
- Sch. 2 para. 7(p)(q) inserted by S.S.I. 2024/141 reg. 6
- Sch. 2 para. 7(f) words omitted by S.S.I. 2013/142 reg. 7(4)(b)
- Sch. 2 para. 5(h) words substituted by S.S.I. 2023/178 reg. 6(4)(a)
- sch. 3 para. 8(d)-(f) inserted by S.S.I. 2020/424 reg. 3(5)
- Sch. 3 para. 8(g) inserted by S.S.I. 2021/333 reg. 3(4)
- sch. 3 para. 8(h)-(j) inserted by S.S.I. 2023/11 reg. 3(5)
- Sch. 3 para. 8(k) inserted by S.S.I. 2023/313 reg. 6(5)
- Sch. 3 para. 8(j) words inserted by S.S.I. 2023/178 reg. 6(5)(b)
- Sch. 3 para. 8(i) words substituted by S.S.I. 2023/178 reg. 6(5)(a)
- reg. 2A inserted by S.S.I. 2011/161 reg. 7(2)
- reg. 4(1)(m) inserted by S.S.I. 2016/257 reg. 3(2)
- reg. 4(1)(n) inserted by S.S.I. 2017/310 reg. 3(2)
- reg 11A added by S.I. 2010/461 reg 3
- reg 13A added by S.S.I. 2006/325 reg 6
- reg 13A am by S.S.I. 2007/425 regs 3 4
- reg. 13A(2)(c) words omitted by S.S.I. 2011/161 reg. 7(4)
- reg. 18(2)(w) omitted by S.S.I. 2010/166 reg. 6(3)
- reg. 18(3A)(3B) omitted by S.S.I. 2011/134 reg. 5(c)
- reg. 21(1)(ca) inserted by S.S.I. 2015/380 reg. 3(4)
- reg 23A added by S.S.I. 2004/491 regs 2 4(1)
- reg 31A added by S.S.I. 2004/491 regs 2 4(4)
- reg. 33(a)(xiv) inserted by S.S.I. 2013/142 reg. 7(3)(b)
- reg. 33(a)(xix)-(xxii) inserted by S.S.I. 2022/31 reg. 8(2)
- reg. 33(a)(xiii) inserted by S.S.I. 2013/137 reg. 13(2)
- reg. 33(a)(xviii) inserted by S.S.I. 2021/333 reg. 3(3)
- reg. 33(a)(xxiii)(xxiv) inserted by S.S.I. 2023/11 reg. 3(3)(a)
- reg. 33(a)(xv)-(xvii) inserted by S.S.I. 2020/424 reg. 3(3)
- reg. 33(c)(d) substituted for reg. 33(c) by 2002 asp 17 Sch. 3 para. 38
- reg. 33(e) inserted by S.S.I. 2023/11 reg. 3(3)(b)
- reg. 33(e) words inserted by S.S.I. 2023/178 reg. 6(3)
- reg. 33(xxv) inserted by S.S.I. 2023/313 reg. 6(3)
- reg. 40(5A) inserted by S.S.I. 2012/64 reg. 2
- reg. 45(3)(c)(ii)(aa) words omitted by S.S.I. 2011/161 reg. 7(8)(b)
- reg. 46(1)(c) inserted by S.I. 2011/1484 Sch. 7 para. 30(a)
- reg. 46(1)(c) omitted by S.I. 2019/519 Sch. para. 34(a)
- reg. 46(1)(d) inserted by S.S.I. 2012/301 Sch. para. 4(2)(a)
- reg. 46(1)(d)(ii) words omitted by S.S.I. 2020/441 reg. 9(2)
- reg. 46(3)(4) inserted by S.I. 2011/1484 Sch. 7 para. 30(b)
- reg. 46(3) words inserted by S.S.I. 2012/301 Sch. para. 4(2)(b)
- reg. 46(4) omitted by S.I. 2019/519 Sch. para. 34(b)
- reg. 46(5) inserted by S.S.I. 2012/301 Sch. para. 4(2)(c)
- reg 48 added by S.S.I. 2004/491 regs 2 5
- reg. 48 omitted by S.S.I. 2020/441 reg. 9(3)
Applications under the European Judgments ConventionS
46.—(1) This regulation applies where–
(a)application is made for legal aid for the purpose of applying to the Court of Session in accordance with section 4 of the Civil Jurisdiction and Judgments Act 1982 M1 for the registration for enforcement of a judgment other than a maintenance order; and
(b)application for legal aid is made by or on behalf of a person who wishes to enforce a maintenance order in Scotland–
(i)for the purpose of an application to the sheriff court in accordance with section 5 of the Civil Jurisdiction and Judgments Act 1982; or
(ii)for the purpose of any proceedings following on such an application.
(2) In the case of an application to which this regulation applies–
(a)section 15 of the Act shall be modified so as to provide that a person making such application shall be eligible for legal aid without regard to that person’s income or capital;
(b)section 17 of the Act shall be modified so as to provide that a person making such application shall not require to pay any contribution to the Fund in respect of income or capital nor shall that person require, where there is a net liability to the Fund on that person’s account, to pay the amount of that liability to the Board out of any property which is recovered or preserved for that person;
(c)regulation 5 above shall be modified so as to provide that the application for legal aid–
(i)may be signed by either the applicant or the applicant’s solicitor and where it is signed by the applicant such signature shall not be subject to any additional formal requirements; and
(ii)requires to be accompanied by a statement signed by the solicitor explaining the nature of the case and the interest of the applicant therein; and
(d)regulation 7(2) above shall be modified so as to provide that paragraph (1) of that regulation shall not apply in the case of an application for legal aid to which this regulation applies.
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