The Legal Aid (Scotland) Act 1986 Amendment Regulations 2001

Scottish Statutory Instruments

2001 No. 42

LEGAL AID AND ADVICE

The Legal Aid (Scotland) Act 1986 Amendment Regulations 2001

Made

15th February 2001

Coming into force

19th February 2001

The Scottish Ministers, in exercise of the powers conferred bysections 13(4) and 37(1) of the Legal Aid (Scotland) Act 1986(1), and of all other powers enabling them in that behalf, herebymake the following Regulations, a draft of which has, in accordance withsection 37(2) of that Act, been laid before and approved by resolution ofthe Scottish Parliament:

Citation and commencement

1.  These Regulations may be cited as the Legal Aid (Scotland) Act 1986Amendment Regulations 2001 and shall come into force on 19th February 2001.

Courts in which civil legal aid is available

2.  Part I of Schedule 2 (courts in which civil legal aid is available) tothe Legal Aid (Scotland) Act 1986(2) shall be amended inaccordance with the following regulations.

3.  In paragraph 1–

(a) the words from “in the Restrictive Practices Court” to “of thatAct);” shall be omitted;

(b) at the end there shall be added–

• “;

• before the Proscribed Organisations Appeal Commission(3)”.

4.  In paragraph 2, for “177” there shall be substituted “234”.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

15th February 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend Part I of Schedule 2 to the Legal Aid(Scotland) Act 1986, which sets out those civil proceedings for which civillegal aid is available. The Regulations add proceedings before theProscribed Organisations Appeal Commission, established under section 5 ofthe Terrorism Act 2000 (regulation 3).

The Regulations also remove a reference to the Restrictive PracticesCourt (regulation 3), and update a reference to the EEC Treaty (regulation4).

(1)

1986 c. 47. The functions of the Secretary of State weretransferred to the Scottish Ministers by virtue of section 53 of theScotland Act 1998 (c. 46).

(2)

Part I of Schedule 2 to the Legal Aid (Scotland) Act 1986was amended by S.I. 1999/1042.

(3)

Established by the Terrorism Act 2000 (c. 11), section 5