- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 to provide for the availability of Assistance by Way of Representation (“ABWOR”) in relation to proceedings relating to an application for an order for recovery of documents in connection with criminal proceedings (“recovery proceedings”), in which a client’s medical or other sensitive documents are sought. ABWOR for recovery proceedings will be approved by the Scottish Legal Aid Board where the Board is satisfied that legal representation is required to allow the client to participate effectively in the proceedings and is available without reference to the financial limits under section 8 of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) and without the payment of a contribution by the client in terms of section 11(2) of that Act.
These Regulations also amend the Advice and Assistance (Scotland) Regulations 1996 to provide advice and assistance and ABWOR in recovery proceedings will be paid at the criminal rate.
As a result of excluding recovery proceedings from references to criminal legal assistance in section 25A of the 1986 Act, all solicitors will be eligible to provide advice and assistance and ABWOR in recovery proceedings, and not only those solicitors whose name appears on the Criminal Legal Assistance Register.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: