Select Committee on Delegated Powers and Deregulation Fifth Report


PART II - LEGAL AID IN SCOTLAND


CLAUSE 25 - REGULATIONS ABOUT FINANCIAL LIMITS IN CERTAIN PROCEEDINGS

55.  Clause 25 inserts new subsections 9(2)(dd) & (de) into the Legal Aid (Scotland) Act 1986, providing the Secretary of State with the power to make regulations, prescribing those proceedings for which assistance by way of representation (ABWOR) shall be available without reference to the financial eligibility or contributions tests. The financial eligibility and contributions tests are set out at sections 8 and 11(2) of the 1986 Act, respectively. The purpose of these changes is to correct an anomaly whereby mental health proceedings in England and Wales are exempt from the financial eligibility and contributions tests in relation to ABWOR, but cannot be so exempted in Scotland.

56.  It is considered that the most appropriate way to achieve this is to provide the Secretary of State with a regulation-making power, as other proceedings may need to be similarly exempted from the two tests from time to time. A general power to make regulations will give the Secretary of State flexibility to do this when he considers it appropriate. The power will be subject to affirmative resolution procedure as is the case with the other regulation-making powers which the Secretary of State has in relation to ABWOR under section 9 of the 1986 Act.

57.  Clause 26 contains no delegated powers.


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999