The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2006
These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 to provide that civil legal aid is available in certain cases without reference to sections 15 and 17 of the Legal Aid (Scotland) Act 1986 which provide for the financial conditions as to the availability of civil legal aid. The cases in question are applications for intervention or guardianship orders under the Adults with Incapacity (Scotland) Act 2000 which concern the personal welfare of the adult and which are made by a person concerned as claiming or having an interest in the property, financial affairs or personal welfare of an adult under the 2000 Act (other than the adult himself or herself). Regulation 5 of the Civil Legal Aid (Scotland) Regulations 2002 is modified so that a written statement itemising an applicant’s disposable income and disposable capital is not required in such applications (regulation 6).