Legal Aid (Scotland) (General) Regulations, 1950
| Jurisdiction | UK Non-devolved |
1950 No. 1513 (S. 109)
The Legal Aid (Scotland) (General) Regulations, 195011thSeptember 1950
12thSeptember 1950
2ndOctober 1950
ARRANGEMENT OF REGULATIONS
Regulation
1. Citation and commencement.
2. Interpretation.
3. Applications for legal aid.
4. Information to be furnished by applicants for legal aid.
5. Provisions as to applicant having joint interest, etc., with other persons.
6. Provisions as to applicant having rights or facilities in relation to litigation.
7. Payment of contributions to Legal Aid (Scotland) Fund.
8. Application in matter of special urgency.
9. Matter in part of which a person receives legal aid.
10. Change of circumstances of a person while in receipt of legal aid.
11. Application for revision of award of expenses against person receiving legal aid.
12. Inquiry into the means of a person receiving legal aid who has been found liable in expenses.
13. Fees, etc., agreed by the Law Society to be treated as allowed on taxation.
14. Provisions as to persons already admitted to the Poor's Roll.
In exercise of the powers conferred on me by Sections 2, 12 and 17 of, and paragraph 6 of the Third Schedule to the Legal Aid (Scotland) Act, 1949(a), and of all other powers enabling me in that behalf, and with regard to Regulation 14, with the concurrence of the Treasury, I hereby make the following Regulations:—
Citation and Commencement
1. These Regulations may be cited as the Legal Aid (Scotland) (General) Regulations, 1950, and shall come into operation on the second day of October, 1950. These Regulations and the Legal Aid (Scotland) (Assessment of Resources) Regulations, 1950(b), may be cited together as the Legal Aid (Scotland) Regulations, 1950.
(a) 12, 13 & 14 Geo. 6. c. 63.
(b) S.I. 1950 No. 1514, p. 1227 above.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
"the Act" means the Legal Aid (Scotland) Act, 1949;
"assisted person" means a person to whom there has been issued and in respect of whom there is in force a legal aid certificate or an emergency certificate issued in accordance with these Regulations;
"the Board" means the National Assistance Board;
"Central Committee", "Supreme Court Committee" and "Local Committee" have the like meanings as in the Legal Aid (Scotland) Scheme, 1950, made under section 8 of the Act;
"legal aid" means legal aid under sections 1 to 4 of the Act;
"legal aid certificate" means a legal aid certificate issued by a Committee in accordance with the Legal Aid (Scotland) Scheme, 1950;
"the Society" means the Law Society of Scotland established by the Solicitors (Scotland) Act, 1949(a).
(2) The Interpretation Act, 1889(b), shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of Parliament.
Applications for legal aid
3.—(1) An application for legal aid shall be made on such form as the Society with the approval of the Secretary of State may provide for the purpose or in such other manner, being in writing, as the Committee concerned may accept as sufficient in any particular case in which exceptional circumstances obtain.
(2) In the case of a person resident outside Great Britain and not able to be present in Great Britain while his application is being considered, every application shall be in English and shall be sworn, if the person is resident within the Commonwealth or the Irish Republic, before any Justice of the Peace or Magistrate or any person for the time being authorised by law in the place where he is to administer an oath for any judicial or other legal purpose, or, if he is resident elsewhere, before a Consular Officer in the service of His Majesty's Government in the United Kingdom or any other person for the time being authorised to exercise the functions of such Consular Officer, and shall be accompanied by—
(a) a statement in writing, signed by some responsible person who has knowledge of the facts, certifying that part of the application which relates to the applicant's income and capital; and
(b) an undertaking, signed by the applicant, that he will pay to the Society on demand a sum to defray the expenses of any preliminary enquiries which the Supreme Court Committee or the Local Committee concerned may make as a result of the application.
Information to be furnished by applicants for legal aid
4. Every applicant for legal aid shall furnish such particulars as are required by the form of application aforesaid and such further particulars with respect to his case and to his resources as may be required by the Society or any Committee or person acting on their behalf or by the Board for the purpose of considering whether a legal aid certificate should be issued to the applicant and of assessing his disposable income and capital and the amount of the contribution (if any) to be paid by him.
(a) 12, 13 & 14 Geo. 6. c. 63.
(b) 52 & 53 Vict. c. 63.
Provisions as to applicant having joint interest etc. with other persons
5.—(1) Where it appears to the Supreme Court Committee or a Local Committee that a person making application for legal aid is jointly concerned with or has the same interest in the matter in connection...
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