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Statutory Instrument 1987 No. 381 (S. 31)

The Civil Legal Aid (Scotland) Regulations 1987

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1987 No. 381 (S. 31)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland) Regulations 1987

Made9th March 1987
Laid before Parliament11th March 1987
Coming into force1st April 1987


ARRANGEMENT OF REGULATIONS

Part I
General
1.
Citation and commencement.
2.
Revocations.
3.
Interpretation.
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.
12.
Resources of applicant who is a child.
13.
Deprivation or conversion of resources.
14.
Assessment of disposable income, etc. in relation to appellate proceedings.
15.
Assessment of resources, etc. of person making application in a representative, fidu ciary or official capacity.
Part IV
Determination of Applications
16.
Applicant having joint interest, etc. with other persons.
17.
Applicant having rights and facilities in relation to litigation.
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.
22.
Execution of diligence.
Part VI
Changes of Circumstances
23.
Duty 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.
Termination of legal aid on change of circumstances.
30.
Termination of legal aid other than on change of circumstances.
31.
Right to recover amounts paid from the Fund and effect of ceasing to make legal aid available.
Part VII
Expenses
32.
Payments out of property recovered or preserved.
33.
Liability of assisted person where legal aid received in part of matter.
34.
Liability of assisted person where legal aid ceases in part of matter.
35.
Liability for expenses of assisted person acting in a fiduciary, representative or official capacity.
36.
Liability for expenses of assisted person who is a child.
37.
Unassisted person acting in a fiduciary, representative or official capacity.
38.
Application for revision of award of expenses against assisted person.
39.
Recovery of sums due to Fund.
40.
Right of Board to security over heritable property.
41.
Interest on sums oustanding.
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.
Restrictive Practices Court.
45.
Employment Appeal Tribunal.
46.
Convention applications.
47.
Applications under the European Judgments Convention.

 Schedule 1 Regulations revoked.

 Schedule 2 Rules for computing disposable income.

 Schedule 3 Rules for computing disposable capital.

 Schedule 4 Form of charging order and discharge.

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