The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026

law://uk/ssi/2026/117@2026-11-12

Contents

1Citation and commencement#

These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 and come into force on 1 June 2026.

2Application#

Regulations 3 and 6 apply only in relation to a case where the advice and assistance or assistance by way of representation was made available on or after 1 June 2026.

3Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#

(1)The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 are amended as follows.

(2)In regulation 2 (interpretation), after the definition of “the Act” insert—“• “the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;• “children’s matter” means any matter relating to proceedings under the 2011 Act;”

(3)In regulation 3 (financial limit)—

(a)in paragraph (b)—

(i)in sub-paragraph (i), omit “a children’s matter,”

(ii)after sub-paragraph (ii), insert—“iv where the advice and assistance relates to a children’s matter, the sum of £135;v where the assistance by way of representation relates to a children’s matter, the sum of £550;”

(b)in paragraph (c)(xvii), for “£500” substitute “£550”.

4Amendment of the Advice and Assistance (Scotland) Regulations 1996#

(1)The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.

(2)In regulation 2(1) (interpretation), after the definition of “auditor” insert—“• “care leaver payment” means care experience assistance paid by virtue of regulations made under section 93A(1) of the Social Security (Scotland) Act 2018,”

(3)In regulation 16(2) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (cf) insert—“cg to a care leaver payment;”

(4)In paragraph 5(d) of schedule 2 (assessment of disposable capital and disposable income), after head (azi) insert—“azj care leaver payment;”

5Amendment of the Civil Legal Aid (Scotland) Regulations 2002#

(1)The Civil Legal Aid (Scotland) Regulations 2002 ^note are amended as follows.

(2)In regulation 2(1) (interpretation), after the definition of “assisted person” insert—“• “care leaver payment” means care experience assistance paid by virtue of regulations made under section 93A(1) of the Social Security (Scotland) Act 2018;”

(3)In regulation 33(a) (payments out of property recovered or preserved: exceptions)—

(a)in sub-paragraphs (xxxii) and (xxxiii), for “2024” substitute “2025”,

(b)after sub-paragraph (xxxiii) insert—“xxxiv by way of a care leaver payment.”

(4)In paragraph 7 of schedule 2 (rules for computing disposable income)—

(a)omit—“p any carer’s allowance supplement paid under section 81 of the Social Security (Scotland) Act 2018;q any payment made by way of an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022;”

(b)after sub-paragraph (u) insert—“v any carer’s allowance supplement paid under section 81 of the Social Security (Scotland) Act 2018;w any payment made by way of an allowance known as a care experienced students bursary paid under regulation 3(1) of the Student Support (Scotland) Regulations 2022;x any care leaver payment.”

(5)In paragraph 8 of schedule 3 (rules for computing disposable capital), after sub-paragraph (q) insert—“r any care leaver payment.”

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#

(1)The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 are amended as follows.

(2)In regulation 1 (citation, commencement and interpretation), for the definition of “child” substitute—“• “child” means a person who is under the age of 18;”

(3)In regulation 3A (assistance by way of representation for hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 and proceedings under the Age of Criminal Responsibility (Scotland) Act 2019)—

(a)in paragraph (2)—

(i)for “paragraphs (1)(a)(i) and (iv)” substitute “paragraph 1”,

(ii)after “(availability of advice and assistance)” insert “where the applicant is a child”,

(b)at the start of paragraph (3) insert “Except where the applicant is a child, ”,

(c)after paragraph (3) insert—“4 Where a solicitor approves an application by a client to provide them with assistance by way of representation in accordance with this regulation in relation to one or more of the proceedings under the 2011 Act listed in paragraph (5), subject to paragraph (6) they may by virtue of that approval provide such assistance to that client also in relation to any of the other proceedings listed in that paragraph without requiring the client to make any further application.5 The proceedings under the 2011 Act for the purposes of paragraph (4) are—a an application for a child protection order made under section 38 (consideration by sheriff: application by local authority only) or section 39 (consideration by sheriff: application by local authority or other person),b a children’s hearing arranged by virtue of section 45 (review by children’s hearing where child in place of safety) or of section 46 (review by children’s hearing where order prevents removal of child),c an application under section 48 (application for variation or termination),d a children’s hearing arranged under section 69(2) (determination under section 66: referral to children’s hearing) following receipt by the Reporter of a notice under section 43 (notice of child protection order) where that hearing is to be held no later than either 8 working days from the date the child was removed to a place of safety or from the date the order was made.6 The assistance by way of representation mentioned in paragraph (4) may be provided until a determination is made as to the making of a compulsory supervision order in respect of any of the proceedings listed in paragraph (5).”

(4)In regulation 13 (assistance by way of representation requiring approval of the Board)—

(a)in paragraph (1)—

(i)at the start insert “Subject to paragraph (1A), ”,

(ii)after “3A(1)” omit “(a)(ii), (iii), (iiia) and (iiib),”,

(b)after paragraph (1) insert—“1A Paragraph (1) does not apply in relation to proceedings described in regulation 3A where the applicant is a child.”

(c)in paragraph (3A)—

(i)at the start insert “Except where the applicant is a child, ”,

(ii)after “3A(1)” omit “(a)(ii), (iii), (iiia) and (iiib),”,

(iii)after “required to allow” omit “the child,”.

7Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#

(1)The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows.

(2)In regulation 2(1) (interpretation) after the definition of “assisted person” insert—“• “care leaver payment” means care experience assistance paid by virtue of regulations made under section 93A(1) of the Social Security (Scotland) Act 2018;”

(3)In paragraph 5 of schedule 1 (assessment of disposable income for the purposes of children’s legal aid), after sub-paragraph (w) insert—“x any care leaver payment.”

(4)In paragraph 8 of schedule 2 (assessment of disposable capital for the purposes of children’s legal aid), after sub-paragraph (q) insert—“r any care leaver payment.”

Contains public sector information licensed under the Open Government Licence v3.0.

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026

1Citation and commencement#

2Application#

3Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#

4Amendment of the Advice and Assistance (Scotland) Regulations 1996#

5Amendment of the Civil Legal Aid (Scotland) Regulations 2002#

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#

7Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#

Key facts

Connections

Defined terms · 3

History · 1 version

1Citation and commencement#

2Application#

3Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#

4Amendment of the Advice and Assistance (Scotland) Regulations 1996#

5Amendment of the Civil Legal Aid (Scotland) Regulations 2002#

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#

7Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#