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The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2008 No. 138

Explanatory Note

(This note is not part of the Regulations)

These Regulations increase certain financial limits of eligibility for civil legal aid under the Legal Aid (Scotland) Act 1986.

Regulation 3 increases income limits to make a person with a yearly disposable income of not more than £10,306 (increased from £10,074) eligible for civil legal aid. Regulation 5 increases, from £3,085 to £3,156, the yearly disposable income limit below which a person will be eligible for civil legal aid and will not have to pay a contribution.

Regulation 4 increases the upper limit of disposable capital to £11,847 (increased from £11,402), above which civil legal aid may be refused if it appears the person can afford to proceed without it.

In regulation 6, the upper limit of disposable capital, above which a legally assisted person may be required to pay a contribution, is £7,147 (increased from £6,879).

Regulation 8 revokes the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 2007.

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Draft Executive Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

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