The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024

Amendment of the Legal Aid (Scotland) Act 1986

3.—(1) The Legal Aid (Scotland) Act 1986 is amended as follows.

(2) In section 28B(1) (children’s legal aid)—

(a) in subsection (3), for paragraph (c) substitute—

“(c) proceedings before a children’s hearing or a pre-hearing panel if the children’s hearing or the panel considers that it might be necessary to make a compulsory supervision order in relation to the child to whom the proceedings relate that includes either (or both)—

(i) a secure accommodation authorisation,

(ii) a movement restriction condition,”,

(b) in subsection (4)—

(i) in the definition of “compulsory supervision order” for “that Act” substitute “the 2011 Act”,

(ii) after the definition of “compulsory supervision order”, insert—

““movement restriction condition” has the meaning given by section 84 of that Act,”.

(3) In section 28C(1) (circumstances where children’s legal aid automatically available), for paragraph (c)(2) substitute—

“(c) a children’s hearing or a pre-hearing panel considers that it might be necessary to make a compulsory supervision order in relation to a child that includes either (or both)—

(i) a secure accommodation authorisation,

(ii) a movement restriction condition,”.

(1)

Section 28C was inserted by section 191 of the 2011 Act.

(2)

Section 28C(1)(c) was amended by S.S.I. 2021/368.