The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

Changes over time for: Section 3

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There are currently no known outstanding effects for the The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003, Section 3.

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Application of Part II of the Act to assistance by way of representation: miscellaneous proceedingsS

3. Part II of the Act shall apply to assistance by way of representation in relation to–

(a)summary criminal proceedings;

(b)petitions for the appointment of an executor to a deceased person under the Act of Sederunt (Confirmation of Executors) 1964 M1;

(c)proceedings under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 M2;

[F1(d)proceedings before the Mental Health Tribunal for Scotland;]

(e)petitions by a debtor for the sequestration of that debtor’s estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985 M3;

(f)disciplinary proceedings before a governor in relation to a prisoner, where the prisoner has been permitted by the governor to be legally represented;

(g)proceedings in Parole Board cases;

(h)applications under section 42 of the Road Traffic Offenders Act 1988 M4 for the removal of a disqualification;

(i)proceedings under section 66(6) of the Criminal Justice and Public Order Act 1994 M5 for the return of sound equipment;

(j)civil proceedings arising from a failure by a person to–

(i)pay a fine or other sum; or

(ii)obey an order of the court;

(k)applications, by someone other than the accused, under section 31(6) of the Criminal Law (Consolidation) (Scotland) Act 1995 M6;

F2(l). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(m)proceedings before an employment tribunal;

(n)proceedings in connection with an application for a warrant of further detention, or for an extension of such a warrant, made to the sheriff under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000 M7 [F3, or under paragraph 37 or 44 of schedule 6 of the National Security Act 2023];

[F4(na)proceedings in connection with—

(i)an application under section 11 of the Counter-Terrorism and Security Act 2015 (review of decisions relating to temporary exclusion orders); or

(ii)an application under paragraph 8 of Schedule 1 to that Act (seizure of passports etc.; extension of 14-day period by judicial authority);]

(o)proceedings before a hearing established under–

(i)paragraph 12 or paragraph 59 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 M8; or

(ii)section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 M9;

(p)proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001 M10; F5...

F2(q). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(r)applications under section 57 or 58 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 in relation to the variation or termination of a football banning order made under section 51 of that Act] [F7; and

(s)any claim made to [F8the First-tier Tribunal for Scotland] in accordance with Part 3 of Schedule 17 to the Equality Act 2010 (which provides for claims to be made to [F9the First-tier Tribunal for Scotland] that a responsible body of a school has contravened Chapter 1 of Part 6 of that Act because of a person’s disability)] [F10; F11...