The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1994

Amendment of the principal Regulations

3.  In regulation 3 of the principal Regulations (application of Part II of the Act to assistance by way of representation)(1)—

(a) for paragraph (b) there shall be substituted—

“(b) proceedings under Part V of the Mental Health (Scotland) Act 1984(2);”;and

(b) at the end there shall be added—

“(g) proceedings under section 186 or 387 of the 1975 Act(3) in relation to failure to comply with the requirements of a probation order;

(h) proceedings under section 187 or 388 of the 1975 Act in relation to the conviction of a probationer by a Court in Great Britain of an offence committed during his probation period;

(i) proceedings under section 4 of the Community Service by Offenders (Scotland) Act 1978(4) in relation to failure to comply with the requirements of a community service order;

(j) proceedings under paragraph 4 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(5) in relation to failure to comply with the requirements of a supervised attendance order; and

(k) applications under section 42 of the Road Traffic Offenders Act 1988(6) for the removal of a disqualification.”.

(1)

Regulation 3 was substituted by S.I. 1993/972 and amended by S.I. 1993/3186.

(2)

1984 c. 36.

(3)

Sections 186 and 387 were amended by the Community Service by Offenders (Scotland) Act 1978 (c. 49), section 8; the Criminal Justice (Scotland) Act 1980 (c. 62), section 46(1)(a) and (d) respectively; the Criminal Justice Act 1982 (c. 48), Schedule 7, paragraphs 3 and 9 respectively; the Criminal Justice (Scotland) Act 1987 (c. 41), section 65(5); the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 61(2) and the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Schedule 5, paragraph 1(7).

(4)

1978 c. 49; section 4 was amended by the Criminal Justice Act 1982 (c. 48), Schedule 7, paragraph 12 and by the Law Reform (Miscellaneous) Provisions (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 28.

(5)

1990 c. 40.

(6)

1988 c. 53; section 42 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 98.