The Civil Legal Aid (Scotland) Regulations 2002
PART 1 GENERAL
1 Citation and commencement
2 Interpretation
3 Revocations and savings
4 Distinct proceedings for purposes of legal aid
PART II APPLICATIONS FOR LEGAL AID
5 Form of application
6 Applications on behalf of children
7 Notification to opponent
8 Right of opponent to make representations
9 Attendance for interview and supply of information
PART III ASSESSMENT OF RESOURCES
10 Determination of disposable income and disposable capital
11 Circumstances in which resources of spouse not to be taken into account and resources of cohabitees
12 Deprivation or conversion of resources
13 Assessment of disposable income, etc. in relation to appellate proceedings
14 Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity
PART IV DETERMINATION OF APPLICATIONS
15 Applicant having joint interest, etc. with other persons
16 Applicant having rights and facilities in relation to litigation
Provided that where it appears that the applicant has a...
17 Contributions
18 Legal aid in matters of special urgency
19 Notification of decision
20 Application for review
PART V CONDUCT OF PROCEEDINGS
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
22 Execution of diligence
PART VI CHANGE OF CIRCUMSTANCES
23 Duty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances
24 Duty to report abuse of legal aid
25 Change of nominated solicitor
26 Duty to report completion of proceedings
27 Power of Board to modify or impose conditions
28 Power of Board to amend determination
29 Power of Board to suspend availability of legal aid
30 Termination of legal aid on change of circumstances
31 Termination of legal aid other than on change of circumstances
32 Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.
PART VII EXPENSES
33 Payments out of property recovered or preserved: exceptions
34 Liability of assisted person where legal aid received in part of matter
35 Liability of assisted person where legal aid ceases in part of matter
36 Liability for expenses of assisted person acting in a fiduciary, representative, official or other capacity
37 Unassisted party acting in a fiduciary, representative or official capacity
38 Application for revision of award of expenses against assisted person
39 Recovery of expenses
40 Recovery of payments out of property recovered or preserved
41 Interest on sums outstanding
42 Payment to solicitor who acts before award of legal aid made
PART VIII PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS
43 Appeals to the House of Lords
44 Employment Appeal Tribunal
45 Convention applications
46 Applications under the European Judgments Convention
47 Social Security Commissioners and Child Support Commissioners
SCHEDULE 1 REGULATIONS REVOKED
SCHEDULE 2 RULES FOR COMPUTING DISPOSABLE INCOME
1The income of the person concerned from any source shall...
2The income in respect of any emolument, benefit or privilege...
3(1) The income from a trade, business or gainful occupation...
4(1) In computing the disposable income of the person concerned...
5In computing the disposable income of the person concerned, there...
6There shall be disregarded £4 a week of the income...
7There shall be disregarded– (a) attendance allowance paid under section...
8When the income of the person concerned consists, wholly or...
9There shall be a deduction in respect of contributions payable...
10There shall be a deduction in respect of the amounts...
11(1) There shall be a deduction, in respect of rent...
Provided that any contributions received from any other person towards...
12If the person concerned is not a householder, there shall...
13(1) There shall be a deduction in respect of the...
Provided that the Board may reduce such rate by taking...
14If the person concerned is making and, throughout such period...
15Where the person concerned must provide for any other matter...
16In computing the income from any source there shall be...
SCHEDULE 3 RULES FOR COMPUTING DISPOSABLE CAPITAL
1Subject to the provisions of these Regulations, there shall be...
Provided that, where it is brought to the notice of...
2So far as any resource does not consist of money,...
3Where money is due to the person concerned, whether immediately...
4If the person concerned stands in relation to a company...
5Where the person concerned is or is to be treated...
6The value of any interest, whether vested or contingent, of...
7In computing the amount of capital of the person concerned...
8In computing the amount of capital of the person concerned,...
9Save in exceptional circumstances, nothing shall be included in the...
10(1) In computing the amount of capital of the person...
11Where the person concerned has received or is entitled to...
12The value of any life assurance or endowment policy shall...
13Where under any statute, bond, agreement, indemnity, guarantee or other...
14An allowance may be made in respect of any debt...
15(1) Where the person concerned is of pensionable age and...
16In computing the amount of capital of the person concerned...
17In computing the amount of capital there shall be disregarded...

2002 No. 494

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Regulations 2002

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by sections 17(2B), 19(4), 20(4), 36(1), (2)(a) and (c) to (h), (3)(bb), (e) and (f) and (4), 37(1) and (3) and 42 of the Legal Aid (Scotland) Act 1986M1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations:
Marginal Citations
M1

1986 c.47; section 17(2B) was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 36(6); section 37 was amended by S.I. 1999/1820, Schedule 2, paragraph 86(4); section 36(3)(bb) was inserted by the Adults with Incapacity (Scotland) Act 2000 (asp 4), Schedule 5, paragraph 19. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).