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Advice and Assistance


AA Financial Limit Regulations 1993

 

Citation and commencement

Interpretation

Financial limit

Special cases

Revocations

 

ADVICE AND ASSISTANCE (FINANCIAL LIMIT) (SCOTLAND) REGULATIONS 1993

 

S.I. 1993 No. 3187 (S.309)

 

 

 

Made:

14 December 1993

 

 

Coming into force:

10 January 1994

 

 

As amended to take account of:

The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004 [S.S.I. 2004 No. 308]

The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2007 [S.S.I. 2007 No. 248]

The Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008 [S.S.I. 2008 No. 251]

The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 [S.S.I. 2017 No. 466]

 

The Secretary of State, in exercise of the powers conferred on him by sections 9(1), 9(2)(e), 36(2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations, of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by a resolution of, each House of Parliament:

 

Regulations

Citation and commencement

1.    These Regulations may be cited as the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 and shall come into force on 10 January 1994.

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Interpretation

2.    In these Regulations –

"the Act" means the Legal Aid (Scotland) Act 1986;

"distinct matter" shall be construed in accordance with regulation 8A(2) of the Advice and Assistance (Scotland) Regulations 1996

[1];

"a Parole Board case" means a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 2001 applies[2];

"prisoner" has the meaning assigned to it by rule 2(1) of the Parole Board (Scotland) Rules 2001[3].

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Financial limit

3.[4]   There is substituted in the place of the sum of £50 specified in section 10(2) of the Act as originally enacted –

(a)       [5]in a case to which regulation 4 of these Regulations applies –

(i)           where the advice and assistance or assistance by way of representation relates to a civil matter which is a distinct matter or to a civil matter which is not distinct but following application to the Scottish Legal Aid Board is to be treated as if it were so, the sum of £180;

(b)       [6]in a case to which regulation 4 of these Regulations does not apply–

(i)           where the advice and assistance or assistance by way of representation relates to a children's matter, a civil matter which is a distinct matter or a civil matter which is not distinct but following application to the Scottish Legal Aid Board is to be treated as if it were so, the sum of £95;

(ii)          where the advice and assistance or assistance by way of representation relates to a civil matter not falling within sub paragraph (i), the sum of £35.

(c)      [7]in other cases–

(i)           where the advice and assistance relates to a criminal matter as regards which a summary complaint has been served, the sum of £90;

(ii)          where the advice and assistance relates to a criminal matter as regards which a fixed penalty, compensation or work offer has been made under section 302, 302A or 303ZA of the Criminal Procedure (Scotland) Act 1995, and the offer or any resulting measure occurring under that section is to be challenged (including by non-acceptance of the offer or by disputing whether the offer has been accepted), the sum of £90;

(iii)         where the advice and assistance relates to any other summary criminal matter, the sum of £35;

(iv)         where in relation to criminal proceedings before a stipendiary magistrate, or the sheriff sitting summarily, the assistance by way of representation is as described in regulation 6(1) or (2) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003, or regulation 6A of those Regulations otherwise than in connection with a plea of not guilty, the sum of £550;

(v)          where in relation to criminal proceedings in the justice of the peace court (other than before a stipendiary magistrate) the assistance by way of representation is as described as referred to in sub paragraph (iv) above, the sum of £185;

(vi)         where the assistance by way of representation relates to any other summary criminal matter, the sum of £90;

(vii)        where the advice and assistance or assistance by way of representation relates to a solemn criminal matter, the sum of £90;

(viii)       despite sub paragraphs (vi) and (vii), where the assistance by way of representation involves a second or subsequent diet that has been ordered by the court, the sum of £165;

(ix)         where the assistance by way of representation relates to Parole Board proceedings, the sum of £165. 

(x)     [7a] where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to a consultation in terms of section 44 of the Criminal Justice (Scotland) Act 2016, the sum of £225.00;

(xi)    where the advice and assistance is for personal attendance by a solicitor and the client has exercised a right to have a solicitor present in terms of section 32(2) of the Criminal Justice (Scotland) Act 2016, the sum of £550;

(xii)    where the advice by way of representation is for review of a condition under section 19 of the Criminal Justice (Scotland) Act 2016, the sum of £200;

(xiii)    where the advice by way of representation is for review of a condition of an undertaking under section 30 of the Criminal Justice (Scotland) Act 2016, the sum of £200;

(xiv)    where the advice by way of representation relates to an application for authorisation for questioning by a prosecutor under section 36(1)(a) of the Criminal Justice (Scotland) Act 2016, the sum of £200

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Special cases

4.    This regulation applies to the following cases: -

(a)       where assistance by way of representation is provided -

(i)           [8]Revoked

(ii)          [9]Revoked

(iii)         in proceedings in a Parole Board case;  or

(b)       where advice and assistance is provided and the solicitor is satisfied that –

(i)           the matter on which advice and assistance is provided is likely to be resolved only by preparing for proceedings in a civil court for which legal aid is available;  and

(ii)          it is likely, on the information provided to him, that the applicant will qualify on financial grounds for civil legal aid;  and

(iii)         it is reasonable in the circumstances of the case

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Revocations

5.    The following Regulations are hereby revoked: - 

(a)       the Advice and Assistance (Scotland) (Prospective Cost) (No. 3) Regulations 1988;

(b)       the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991;

(c)       the Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993.

Fraser of Carmyllie

Minister of State,

Scottish Office

St Andrew's House, Edinburgh

14 December 1993

 

 

 

 

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[1] Inserted by S.S.I. 2007 No. 248 (in force from 1 May 2007).

[2] Amended by S.S.I. 2007 No. 248 (in force from 1 May 2007)

[3] Amended by S.S.I. 2007 No. 248 (in force from 1 May 2007)

[4] Substituted by S.S.I. 2007 No. 248 (in force from 1 May 2007), increasing the initial limits of expenditure and introducing separate limits for distinct matters and a new lower limit for a diagnostic interview.

[5] Sub paragraph 3(a)(ii) deleted by S.S.I. 2008 No. 251 (in force from 30 June 2008).

[6] Sub paragraph 3(b)(iii) deleted by S.S.I. 2008 No. 251 (in force from 30 June 2008).

[7] Inserted by S.S.I. 2008 No. 251 (in force from 30 June 2008).

[7a] Inserted by S.S.I. 2017 No. 466 (in force from 25 January 2018)

[8] Revoked by S.S.I. 2008 No. 251 (in force from 30 June 2008)

[9] Revoked by S.S.I. 2008 No. 251 (in force from 30 June 2008)

 


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