Legal Aid (Scotland) Act 1986

9 Regulations may apply Part II to representation. S

(1) Regulations made under this section may provide for this Part of this Act to apply to assistance by way of representation; and regulations so made may make different provision for different cases or classes of case.

(2) Such regulations may—

(a) describe the proceedings (or stages of proceedings) in relation to which this Part of this Act shall so apply by reference to the court, tribunal or statutory inquiry, to the issues involved, to the capacity in which the person requiring the assistance is concerned, or in any other way;

(b) specify, in relation to any proceedings so described, the assistance by way of representation which may be provided;

(c) prescribe the criteria to be applied in determining whether assistance by way of representation should be provided;

(d) require that the approval of the Board or of such other appropriate authority as may be prescribed shall be obtained, in certain classes of case, as a pre-condition of the provision of assistance by way of representation; and

F1 [(dd) provide that assistance by way of representation shall be available in relation to such proceedings as may be prescribed, without reference to the financial limits under section 8 of this Act;

[F2 (dda) provide that, in relation to assistance by way of representation which relates to such criminal proceedings as may be prescribed, sections 9A and 11A are to apply instead of sections 8 and 11;]

(de) provide that section 11(2) [F3 or 11A] of this Act shall not apply as respects assistance by way of representation received in relation to such proceedings as may be prescribed;]

(e) modify the financial limits under sections 8 and 10(2) of this Act in their application to assistance by way of representation by substituting for the sums specified therein such other sums as may be prescribed, and such modification of the financial limit under the said section 10(2) may substitute different sums in relation to different proceedings or stages of proceedings.

(3) Such regulations may also make provision, for the purposes of paragraph (d) of subsection (2) above, as to—

(a) the procedure to be followed in applying for approval and the criteria for determining whether approval should be given;

(b) the conditions which should or may be imposed; and

(c) the circumstances in which approval may be withdrawn and the effect of its withdrawal.

Textual Amendments

F1 S. 9(2)(dd)(de) inserted (27.9.1999) by 1999 c. 22, ss. 32, 108(3)(a) (with Sch. 14 para. 7(2))

F2 S. 9(2)(dda) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 18(1), 25(2); S.S.I. 2013/262, art. 2

F3 Words in s. 9(2)(de) inserted (11.10.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 23(5), 25(2); S.S.I. 2013/262, art. 2

Modifications etc. (not altering text)

C1 Pt. II (ss. 6–12) applied by S.I. 1988/2290, reg. 3