
2020 No. 424
Legal Aid And Advice
The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020
Made 9th December 2020
Laid before the Scottish Parliament 11th December 2020
Coming into force 5th February 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 12(3), 17(2B), 36(2)(a) and 42 of the Legal Aid (Scotland) Act 1986 and all other powers enabling them to do so.
Citation and commencement
1 

(1) These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) Regulations 2020.
(2) These Regulations come into force on 5 February 2021.
Amendment of the Advice and Assistance (Scotland) ... Regulations 1996
2 

(1) The Advice and Assistance (Scotland) ... Regulations 1996 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “safeguarder”, insert—“
 “Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020;”,
(b) after the definition of “Welfare Fund payment”, insert—“
 “Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020;
 “Windrush connected payment” means a payment where—
(a) an individual has made a claim under the Windrush Compensation Scheme;
(b) a request included in that claim has been referred by the Home Office to another person; and
(c) the payment is made to the individual by that other person as a result of that referral.”.
(3) In regulation 16(2) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (a)(xi), insert—“
(xii) by way of any payment made under the Windrush Compensation Scheme;
(xiii) by way of any Windrush connected payment;
(xiv) by way of any Scottish child payment.”.
(4) In schedule 2 (assessment of disposable capital and disposable income), in paragraph 5—
(a) omit “and” following sub-paragraph (ba),
(b) after sub-paragraph (bb), insert—“
(bc) there shall be left out of account—
(i) any payment made under the Windrush Compensation Scheme;
(ii) any Windrush connected payment;”,
(c) after sub-paragraph (d)(l), insert—“
(m)  Scottish child payment.”.
Amendment of the Civil Legal Aid (Scotland) Regulations 2002
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(1) The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) after the definition of “right of audience” insert—“
 “Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020;”,
(b) after the definition of “Welfare Fund payment” insert—“
 “Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020;
 “Windrush connected payment” means a payment where—
(a) an individual has made a claim under the Windrush Compensation Scheme;
(b) a request included in that claim has been referred by the Home Office to another person; and
(c) the payment is made to the individual by that other person as a result of that referral;”.
(3) In regulation 33 (payments out of property recovered or preserved: exceptions), after sub-paragraph (a)(xiv), insert—“
(xv) by way of any payment made under the Windrush Compensation Scheme;
(xvi) by way of any Windrush connected payment;
(xvii) by way of any Scottish child payment;”.
(4) In schedule 2 (rules for computing disposable income), in paragraph 7 after sub-paragraph (g), insert—“
(h) any Scottish child payment.”.
(5) In schedule 3 (rules for computing disposable capital), in paragraph 8 after sub-paragraph (c), insert—“
(d) any payment made under the Windrush Compensation Scheme;
(e) any Windrush connected payment;
(f) any Scottish child payment.”.
Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013
4 

(1) The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a) omit “and” following the definition of “relevant person”,
(b) after the definition of “safeguarder”, insert—“
 “Scottish child payment” means any payment under Part 3 of the Scottish Child Payment Regulations 2020;
 “Windrush Compensation Scheme” means the scheme of that name set out in the Windrush Compensation Scheme (Expenditure) Act 2020; and
 “Windrush connected payment” means a payment where—
(a) an individual has made a claim under the Windrush Compensation Scheme,
(b) a request included in that claim has been referred by the Home Office to another person, and
(c) the payment is made to the individual by that other person as a result of that referral.”.
(3) In schedule 1 (assessment of disposable income for the purposes of children’s legal aid), in paragraph 5, after paragraph (g), insert—“
(h) any Scottish child payment.”.
(4) In schedule 2 (assessment of disposable capital for the purposes of children’s legal aid), in paragraph 8 after paragraph (c), insert—“
(d) any payment made under the Windrush Compensation Scheme;
(e) any Windrush connected payment;
(f) any Scottish child payment.”.
HUMZA YOUSAF
A member of the Scottish Government
St Andrew’s House,
Edinburgh
