
1 

(1) These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 1991 and shall come into force on 22nd April 1991.
(2) In these Regulations, “the principal Regulations” means the Civil Legal Aid (Scotland) Regulations 1987.
2 
After regulation 6A of the principal Regulations there shall be inserted the following:—“
6B 
Where prior to 9th April 1990 the Board has made a determination of the disposable income, disposable capital or maximum contribution of a child under the upper age limit of compulsory school age, and a contribution is still payable, the Board shall amend that determination taking account of regulation 6A.”.
3 
In regulation 14(2) of the principal Regulations—
(a) in sub-paragraph (a) for the figure “£500” there shall be substituted the figure “£750”;
(b) in sub-paragraph (b) for the figure “£250” there shall be substituted the figure “£300”; and
(c) in sub-paragraph (c) for the figure “£120” shall be substituted the figure “£750”.
4 
Regulation 22 of the principal Regulations shall be deleted and the following regulation substituted—“
22 

(1) Subject to paragraphs (2), (3) and (4) below, the prior approval of the Board shall be required for any step in the execution of diligence.
(2) The prior approval of the Board shall not be required for the service of a charge for payment where the same is required to enable an earnings arrestment to be carried out in execution of a decree or order specified in regulation 32(a)(i) to (iii) or of any settlement specified in regulation 32(a)(vi) below, where the service of such a charge is carried out within 12 months from the date of that decree, order or settlement.
(3) The prior approval of the Board shall not be required for any arrestment in execution of a decree or order specified in regulation 32(a)(i) to (Iii) or of any settlement specified in regulation 32(a)(vi) below, where such arrestment is carried out within 12 months from the date of that decree, order or settlement.
(4) Paragraph (1) above shall not apply where the Board, on an application made to it for retrospective approval for a step in the execution of diligence, considers that approval would have been given if timeous application had been made and that there was special reason why prior approval was not applied for.”.
5 
In regulation 28 of the principal Regulations, paragraph (4) shall be deleted.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
14th March 1991We concur,
Thomas Sackville
I. C. Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 1991