HL Deb 30 June 1992 vol 538 cc723-4

7.30 p.m.

The Minister of State, Scottish Office (Lord Fraser of Carmyllie) rose to move that the draft regulations laid before the House on 13th May be approved [1st Report from the Joint Committee].

The noble and learned Lord said: My Lords, I beg to move the Advice and Assistance (Assistance by way of Representation) (Scotland) Amendment Regulations 1992. I speak also to the Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1992 and the Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992.

The latter two sets of regulations provide for the uprating of the financial eligibility limits for civil legal aid and for advice and assistance. They adjust the financial limits to take account of inflation and to reflect changes in the level of social security benefits. Corresponding increases have recently been made to the eligibility limits in England and Wales.

The third set of regulations provide for the extension of legal assistance by way of representation to cover unopposed petitions for the appointment of an executor under the Act of Sederunt (Confirmation of Executors) 1964.

With your Lordships' permission I shall outline the provisions contained in each of these regulations in a little more detail. The Civil Legal Aid (Financial Conditions) (Scotland) Regulations 1992 raise the lower disposable income limit for civil legal aid—that is the level below which no contribution from income is payable—from £2,860 to £3,060 a year. The regulations also increase the upper limit—that is, the level above which legal aid is not normally available —from £6,350 to £6,800 a year. The upper capital limit—above which legal aid is not normally available —is increased from £6,310 to £6,750. There is no change in the lower limit of £3,000.

The Advice and Assistance (Financial Conditions) (Scotland) Regulations 1992 increase the weekly disposable income above which a person is required to pay a contribution for legal advice and assistance from £64 to £70 and also prescribe the scale of contributions to be paid where weekly disposable income exceeds £75 but does not exceed £145. The capital limit above which advice and assistance is not normally available increases from £935 to £1,000. The scale of contributions for applicants with disposable income between the upper and lower income limit for advice and assistance is also changed by the regulations.

Those proposed changes represent an increase of 7 per cent., which matches the uprating level of income-related social security benefits. The eligibility limits remain in line with the corresponding limits in England and Wales. As recipients of income support and other income-related benefit are permitted to have £3,000 in disposable capital before any income is assumed to be generated which would affect the level of benefit paid, it is sensible to continue to use that limit as the threshold for capital contributions for legal aid, which is why the lower capital limit remains unchanged.

The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 1992 amend the principal 1988 regulations to allow the ABWOR scheme to be used in relation to petitions for the appointment of an executor to a deceased person under the Act of Sederunt (Confirmation of Executors) 1964. To date this could only be achieved by way of full civil legal aid, a more time consuming, expensive and less flexible system so far as the client was concerned.

The regulations are intended to come into force on 1st July 1992. I hope that I have explained in sufficient detail their objectives and our other proposals to improve the administration of legal aid in Scotland.

Moved, That the draft regulations laid before the House on 13th May be approved [1st Report from the Joint Committee]. —(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.