2004 No. 307
The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004
Made
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 9 of the Legal Aid (Scotland) Act 19861, and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of the Scottish Parliament:
Citation and commencement1
These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2004 and shall come into force on 28th June 2004.
Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
2
The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 20032 shall be amended in accordance with the following Regulations.
3
In regulation 6 for paragraph (2) substitute–
2
The assistance by way of representation which may be provided under Part II of the Act in relation to summary criminal proceedings in a sheriff court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal shall include representation of an accused person following a finding of guilt but only where criminal legal aid has not been granted to that person in terms of section 24 of the Act.
4
In regulation 7 for paragraph (3) substitute–
3
Paragraphs (1) and (2) above shall not apply in relation to summary criminal proceedings in a sheriff court which has been designated as a youth court, or as a domestic abuse court, by the sheriff principal.
(This note is not part of the Regulations)