
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.
2 

(1) The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “the 2011 Act”, insert—“
 “the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021;”,
(b) after the definition of “legal representative”, 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) 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) 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;”.
3 

(1) The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “the 2000 Act”, insert—“
 “the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021;”,
(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) 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) 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 

(1) The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows.
(2) In regulation 2(1)—
(a) after the definition of “the 2011 Act”, insert—“
 “the 2021 Act” means the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021;”,
(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 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 schedule 2 (assessment of disposable capital for the purposes of children’s legal aid), after paragraph 8(f), insert—“
(g) any payment made under Part 4 of the 2021 Act (financial redress for historical child abuse), or any relevant payment made or to be made prior to the date of commencement of the redress scheme.”.
5 

(1) The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020 are amended as follows.
(2) In regulation 2, in the heading, omit “(Consolidation and Amendment)”.
(3) In regulation 2(1) (interpretation), omit “(Consolidation and Amendment)”.
ASH DENHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
21st September 2021