4.—(1) The Advice and Assistance (Scotland) Regulations 1996(1) are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)after the definition of “the 1996 Act” insert—
““the 2011 Act” means the Children’s Hearings (Scotland) Act 2011(2);”
(b)for the definition of “child” substitute—
““child” means a person under the age of 16 years, except in relation to any hearings or proceedings under the 2011 Act, where “child” has the meaning in section 199 of that Act;”
(c)after the definition of “legal representative” insert—
““safeguarder” means a safeguarder appointed to a child under section 30 or 31 of the 2011 Act”.
(3) In regulation 6(1) (applications on behalf of others)—
(a)in sub-paragraph (b), after “representative” insert “or;”; and
(b)after sub-paragraph (b) insert—
“(c)where the client is a child in terms of the 2011 Act, and the application concerns hearings or proceedings under that Act, a safeguarder or other lay representative of the child.”.
(4) In paragraph 4A of Schedule 2 (assessment of disposable capital and disposable income), after sub-paragraph (3) insert—
“(4) This paragraph does not apply to assistance by way of representation in relation to hearings or proceedings under the 2011 Act.”.
S.I. 1996/2447; relevant amending instruments are S.S.I. 2000/399, 2003/421, 2005/445 and 2010/462.