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...
(t)applications under sections 2(2), 3(3)(b), 4(3)(b), 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 2011] [F12; F13...
(u)recovery proceedings] [F14; F15...
F16(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F17(w)appeal proceedings under section 8 of the 2018 Act].
Textual Amendments
F1Reg. 3(d) substituted (5.10.2005) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I. 2005/482), regs. 1, 5 (with reg. 2)
F2Reg. 3(l)(q) omitted (9.6.2010) by virtue of The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No.2) (Scotland) Regulations 2010 (S.S.I. 2010/239), regs. 1, 4(3) (with reg. 2)
F3Words in reg. 3(n) inserted (15.11.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 7(2)
F4Reg. 3(na) inserted (1.4.2015) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2015 (S.S.I. 2015/155), regs. 1, 2(1)
F5Word in reg. 3(p) omitted (22.12.2006) by virtue of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/615), regs. 1, 4(a)
F6Reg. 3(r)(s) inserted (22.12.2006) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/615), regs. 1, 4(b)
F7Reg. 3(s) and word inserted (18.3.2011) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2011 (S.S.I. 2011/216), regs. 1(1), 2(2)
F8Words in reg. 3(s) substituted (12.1.2018) by virtue of The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2)(a)
F9Words in reg. 3(s) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 8(2)(b)
F10Reg. 3(t) and word inserted (6.3.2012) by The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2012 (S.S.I. 2012/84), regs. 1, 2(2)
F11Word in reg. 3(s) omitted (13.9.2017) by virtue of The Advice and Assistance (Proceedings for Recovery of Documents) (Scotland) Regulations 2017 (S.S.I. 2017/291), regs. 1, 5(3)(a)
F12Reg. 3(u) and word inserted (13.9.2017) by The Advice and Assistance (Proceedings for Recovery of Documents) (Scotland) Regulations 2017 (S.S.I. 2017/291), regs. 1, 5(3)(b)
F13Word in reg. 3 omitted (1.7.2020) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/191), regs. 1(2), 6(2)(a)
F14Reg. 3(v) and word substituted for full stop (1.7.2020) by The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/191), regs. 1(2), 6(2)(b)
F15Word in reg. 3(u) omitted (25.9.2020) by virtue of The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/296), regs. 1, 2(3)(a)
F16Reg. 3(v) omitted (1.10.2022) by virtue of The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022 (S.S.I. 2022/229), regs. 1, 6(2)
F17Reg. 3(w) and preceding word inserted (25.9.2020) by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2020 (S.S.I. 2020/296), regs. 1, 2(3)(b)
Marginal Citations
M21981 c. 59; section 17 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 37.
M31985 c. 66; section 5(2) was substituted by the Bankruptcy (Scotland) Act 1993 (c. 6), section 3(2).
M41988 c. 53; section 42 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 98, and S.I. 1990/144, 1996/2824 and 1999/2864.