Adults With Incapacity (Scotland) Act 2000: modified financial assessment process

The Civil Legal Aid (Scotland) Regulations 2002 were amended, as at 1 August 2006, to provide that civil legal aid should be available to a person concerned as claiming or having an interest in the property, financial affairs or personal welfare of an adult under the 2000 Act, other than the adult to whom the application relates, for:

an intervention order under section 53(1); or

a guardianship order under section 57(1)

relating to the personal welfare of an adult or to the property, financial affairs and personal welfare of an adult.

These regulations amended sections 15 and 17 of the Act and also regulation 5 of the principal civil regulations to provide that a person making such an application:

would be eligible for legal aid without regard to that person’s income or capital;

would not require to pay any contribution to the Fund; and

that such application need not be accompanied by a statement in writing itemising the applicant’s disposable income and disposable capital.

The Civil Legal Aid (Scotland) Amendment (No.2) Regulations 2007 came into force on 5 October 2007 and

  1. further amended the civil regulations to provide for other guardianship order applications made under the 2000 Act:
    • renewal of guardianship orders under section 60(1)
    • joint guardianship orders under section 62(1) and
    • substitute guardianship orders under section 63(1)
  2. importantly, extended the modified means test, in connection with all such orders, to the incapable adult.

In this section