The Civil Legal Aid (Scotland) Regulations 2002

Payments out of property recovered or preserved: exceptions S

33.  Section 17(2B) of the Act (which requires the amount of the net liability of the Fund on account of any party to be paid by that party out of any property recovered or preserved for that party) shall not apply–

(a) in respect of any money payable–

(i) under a decree following on an action for aliment within the meaning of the Family Law (Scotland) Act 1985 M1 ;

(ii) under an order for the payment of a periodical allowance under section 5 of the Divorce (Scotland) Act 1976 M2 , or for the making of a periodical allowance under section 8 of the Family Law (Scotland) Act 1985 M3 ;

(iii) under any order for the periodical payment of sums for the maintenance of any person which, by virtue of the Maintenance Orders Act 1950 M4 , the Maintenance Orders (Reciprocal Enforcement) Act 1972 M5 or the Civil Jurisdiction and Judgments Act 1982 M6 , may be enforced in Scotland;

(iv) under an order made by the Employment Appeal Tribunal or under any settlement arrived at to prevent or bring to an end proceedings in which such an order may be made;

(v) by way of disabled person’s tax credit, income support or working families’ tax credit under section 124 M7 , 128 M8 , or 129 M9 of the 1992 Act, or an income-based jobseeker’s allowance or a back to work bonus (payable under the Jobseekers Act 1995 M10 );

(vi) by way of aliment or periodical allowance or periodical payment of sums by virtue of any settlement arrived at to prevent or bring to an end proceedings in which such a decree or order as is mentioned in sub-paragraphs (i) to (iii) above may be granted;

(vii) by way of any payment made out of the social fund under section 138 of the 1992 Act M11 ;

(viii) by way of any housing benefit under section 130 of the 1992 Act M12 ;

(ix) by way of child support maintenance under the Child Support Act 1991 M13 ;

(x) by way of any payment made under the Community Care (Direct Payments) Act 1996 M14 or under section 12B of the Social Work (Scotland) Act 1968 M15 ;

(xi) under an order made by the Social Security Commissioners or the Child Support Commissioners or under any settlement arrived at to prevent or bring to an end proceedings in which such an order may be made;

(b) to the first £4,200 of any money, or of the value of any property, recovered or preserved by virtue of–

(i) an order for the payment of a capital sum under section 5 of the Divorce (Scotland) Act 1976 M16 ; or

(ii) an order for payment of a capital sum or transfer of property or an incidental order, under section 8 of the Family Law (Scotland) Act 1985 M17 ; or

(iii) any settlement arrived at to prevent or bring to an end proceedings in which such an order may be granted;

(c) in respect of any articles referred to in section 16 of the Debtors (Scotland) Act 1987 M18 recovered or preserved from the effects of a grant of warrant sale of poinded goods, or any article released in terms of an order made by the sheriff following application made to him in terms of section 23 of the said Act.

Marginal Citations

M1 1985 c.37.

M2 1976 c.39; section 5 was repealed on 1st September 1986 by Schedule 2 to the Family Law (Scotland) Act 1985 (c.37) subject to a saving in section 28(3) of that Act.

M3 Section 8 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, the Pensions Act 1995 (c.26), section 167 and the Welfare Reform and Pensions Act 1999 (c.30), section 20 and Schedule 12.

M4 1950 c.37.

M5 1972 c.18.

M6 1982 c.27.

M7 Section 124 was amended by the Jobseekers Act 1995 (c.18), Schedule 2, paragraph 30 and Schedule 3 and the Welfare Reform and Pensions Act 1999 (c.30), Schedule 8, paragraph 28.

M8 Section 128 was amended by the Jobseekers Act 1995, Schedule 2, paragraph 33 and the Tax Credits Act 1999 (c.10), section 1 and Schedule 1, paragraph 2.

M9 Section 129 was amended by the Local Government Finance Act 1992 (c.14), Schedule 9, paragraph 2, the Social Security (Incapacity for Work) Act 1994 (c.18), section 10 and Schedule 1, paragraph 32, the Jobseekers Act 1995 (c.18), Schedule 2, paragraph 33 and the Tax Credits Act 1999, sections 1 and 14 and Schedule 1.

M10 1995 c.18.

M11 Section 138 was amended by the Social Security Act 1998 (c.14), section 70.

M12 Section 130 was amended by the Local Government Finance Act 1992 (c.14), Schedule 9, the Local Government etc. (Scotland) Act 1994, Schedule 13, the Local Government Act 2000 (c.22), section 96 and the Housing Act 1996 (c.52), Schedule 19.

M13 1991 c.48.

M14 1996 c.30.

M15 1968 c.49; section 12B was inserted by the Community Care (Direct Payments) Act 1996, section 4 and amended by the Regulation of Care (Scotland) Act 2001 (asp 8), section 70.

M16 1976 c.39.

M17 Section 8 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule 8, paragraph 34, the Pensions Act 1995 (c.26), section 167 and the Welfare Reform and Pensions Act 1999, section 20 and Schedule 12.

M18 1987 c.18; section 16 was amended by the Debtors (Scotland ) Act 1987 (Amendment) Regulations 2000 (S.S.I. 2000/189), regulation 3.