Age of Criminal Responsibility (Scotland) Act 2019, Section 73 is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)The Legal Aid (Scotland) Act 1986 is amended as follows.
(2)In section 28B (children's legal aid)—
(a)in subsection (2), for “subsection (3)” substitute “ subsections (3) and (3A) ”,
(b)after subsection (3) insert—
“(3A)The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019.”.
(3)After section 28LA insert—
(1)The Scottish Ministers may by regulations modify this Part so as to—
(a)provide for children's legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, and
(b)specify the other persons (if any) to whom children's legal aid is to be available in connection with such proceedings and appeals.
(2)Regulations under subsection (1) may in particular made provision about—
(a)the proceedings in relation to which and the circumstances in which children's legal aid is to be available automatically,
(b)the proceedings in relation to which and the circumstances in which children's legal aid is to be available on application to the Board.
(3)Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations—
(a)must make provision for the conditions as to which the Board is to be satisfied before children's legal aid is to be made available,
(b)may make provision for different conditions to be satisfied in relation to different persons.”.
(4)In section 37 (parliamentary procedure for regulations), in subsection (2), after “28LA(1),” insert “ 28LB(1), ”.
Modifications etc. (not altering text)
C1Pt. 4 applied (with modifications) (17.12.2021) by 2004 c. 20, s. 56B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 19)
C2Pt. 4 applied (with modifications) (17.12.2021) by 1987 c. 4, s. 2E (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 17)
C3Pt. 4 applied (with modifications) (17.12.2021) by 2003 c. 20, s. 31B (as inserted by The Age of Criminal Responsibility (Scotland) Act 2019 (Consequential Provisions and Modifications) Order 2021 (S.I. 2021/1458), arts. 1(1), 18)
Commencement Information
I1S. 73 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
