In these Regulations, “the principal Regulations” means the Advice and Assistance (Scotland) Regulations 1987.
3Amendment of references to current Social Security legislation#
(1)In regulation 4(a) of the principal Regulations for the words “supplementary benefit or family income supplement” there shall be substituted “income support or family credit”.
(2)After regulation 15(1)(a)(vii) of the principal Regulations there shall be inserted the following:—“viii by way of any housing benefit under the Social Security Act 1986;”
4Notice to the Board on acceptance of application#
At the end of regulation 10 of the principal Regulations there shall be inserted the following:—“• Failure to do so within the specified time limit, unless the Board considers that there is special reason for it to excuse such failure, shall render the solicitor’s fees and outlays ineligible for payment in terms of section 12(3) of the Act.”
5Giving of advice and assistance on the same matter#
For regulation 12(2) of the principal Regulations there shall be substituted the following paragraph:—“2 Application for authority under paragraph (1) above shall be made by the second or subsequent solicitor who shall indicate his willingness to act for the client seeking such advice or assistance and the application must also be countersigned by the client seeking advice and assistance, and shall include a statement of the reasons for seeking such authority.”
6Payment of fees and outlays from property recovered or preserved#
In regulation 15(1)(a)(vi) of the principal Regulations there shall be inserted after the words “periodical allowance” the words “or periodical payment of sums”.
7Exclusion of posts and incidents from outlays of solicitors#
At the end of regulation 16(1)(b) of the principal Regulations after the word “matter”, there shall be added “, provided that, without prejudice to any other claims for outlays, there shall not be allowed to a solicitor outlays representing posts and incidents”.
8Provisions relative to lodging of accounts for advice and assistance#
(a)in paragraph (1) the words “6 months” shall be deleted and the words “1 year” substituted; and there shall be added at the end the following:—“• Provided that, where civil legal aid has been made available to an applicant to whom in connection with the same matter advice or assistance has been given, the account for such advice and assistance shall be submitted to the Board at the same time as that for civil legal aid; and any work which is charged under civil legal aid shall not be charged in the advice and assistance account.”
(b)the following paragraph shall be inserted after paragraph (1):—“1A The Board may accept an account for advice and assistance submitted outwith the period referred to in paragraph (1) above if it considers that there is a special reason for late submission.”