
1 
These Regulations may be cited as the Advice and Assistance and Civil Legal Aid (Special Urgency and Property Recovered or Preserved) (Scotland) Regulations 2011 and come into force on 1st April 2011.
2 
These Regulations apply—
(a) as regards regulation 3, only in respect of advice and assistance provided pursuant to an application approved after the coming into force of these Regulations;
(b) as regards regulation 5(b), only in respect of steps commenced after the coming into force of these Regulations; and
(c) as regards regulation 6, only when the liability of the Fund arises in relation to legal aid granted after the coming into force of these Regulations.
3 
Regulation 16 of the Advice and Assistance (Scotland) Regulations 1996 is amended as follows—
(a) in paragraph (2) omit sub-paragraphs (a)(iv), (b), (g) and (k);
(b) in paragraph (2)(h) omit “dwelling,”.
4 
The Civil Legal Aid (Scotland) Regulations 2002 are amended in accordance with regulations 5 and 6.
5 
In regulation 18—
(a) for paragraph (1)(b) substitute—“
(b) in any other circumstances where—
(i) the Board is satisfied on application that steps require to be taken as a matter of special urgency to protect the applicant’s position; and
(ii) paragraphs (3A) and (3B) do not apply.”;
(b) in paragraph (2) omit sub-paragraphs (j), (n) and (p);
(c) after paragraph (3) insert—“
(3A) This paragraph applies where—
(a) at the time the Board receives an application under paragraph (1)(b)—
(i) an application for legal aid by the applicant in relation to the same proceedings has been refused or treated as abandoned; or
(ii) the Board has ceased to make legal aid in respect of the same proceedings available to the applicant;
(b) the Board has given the applicant an opportunity to show that there is a realistic prospect that legal aid will be granted following an application for review or a further application; and
(c) the Board is not satisfied that the applicant has so shown.
(3B) This paragraph applies where—
(a) the Board, on receipt of an application under paragraph (1)(b), has called on the applicant to provide the Board with sufficient information to enable the Board to determine whether prima facie the conditions mentioned in section 14(1) of the Act are met;
(b) the Board is satisfied either—
(i) that the applicant has had sufficient opportunity to provide the information called for; or
(ii) that the applicant would have had sufficient opportunity to provide the information called for but for undue delay on the part of the solicitor in submitting the application under paragraph (1)(b); and
(c) the Board is not satisfied that prima facie the conditions mentioned in section 14(1) of the Act are met.”;
(d) in paragraph (4) after “position” insert—“and that paragraphs (3A) and (3B) do not apply”.
6 
In regulation 33 omit paragraphs (a)(iv) and (b).
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
21st February 2011