The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021
| Jurisdiction | Scotland |
2021 No. 333
Legal Aid And Advice
The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021
Made 21th September 2021
Laid before the Scottish Parliament 23th September 2021
Coming into force 26th November 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 12(3), 17(2B), 36(2)(a) and 42 of the Legal Aid (Scotland) Act 19861, and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2021 and come into force on 26 November 2021.
Amendment of the Advice and Assistance (Scotland) Regulations 1996
2.—(1) The Advice and Assistance (Scotland) Regulations 19962are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “the 2011 Act”3, insert—
““the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 20214;”,
(b)
(b) after the definition of “legal representative”5, insert—
““redress scheme” has the meaning given in section 2 of the 2021 Act;
“relevant payment” means any payment described in section 42(2) (deduction of previous payment from redress payment) read with section 42(3) and (7) as adjusted in accordance with sections 42(5) and 43 of the 2021 Act;”.
(3) In regulation 16(2) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (a)(xiv), insert—
“(xv)
“(xv) by way of any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or due to be made prior to the date of commencement of the redress scheme;”.
(4) In schedule 2 (assessment of disposable capital and disposable income), after paragraph 5(bc), insert—
“(bd)
“(bd) there shall be left out of account any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or due to be made prior to the date of commencement of the redress scheme;”.
Amendment of the Civil Legal Aid (Scotland) Regulations 2002
3.—(1) The Civil Legal Aid (Scotland) Regulations 20026are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) after the definition of “the 2000 Act”7, insert—
““the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 20218;”,
(b)
(b) after the definition of “person concerned”, insert—
““redress scheme” has the meaning given in section 2 of the 2021 Act;
“relevant payment” means any payment described in section 42(2) (deduction of previous payment from redress payment) read with section 42(3) and (7) as adjusted in accordance with sections 42(5) and 43 of the 2021 Act;”.
(3) In regulation 33 (payments out of property recovered or preserved: exceptions), after paragraph (a)(xvii), insert—
“(xviii)
“(xviii) by way of any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or due to be made prior to the date of commencement of the redress scheme;”.
(4) In schedule 3 (rules for computing disposable capital), after paragraph 8(f), insert—
“(g)
“(g) any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or due to be made prior to the date of commencement of the redress scheme;”.
Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013
4.—(1) The Children’s Legal Assistance (Scotland) Regulations 20139are amended as follows.
(2) In regulation 2(1)—
(a)
(a) after the definition of “the 2011 Act”, insert—
““the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 202110;”,
(b)
(b) after the definition of “children’s hearing”, insert—
““redress scheme” has the meaning given in section 2 of the 2021 Act;
“relevant payment” means any payment described in section 42(2) (deduction of previous...
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