EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (“the Principal Regulations”) to make Assistance by Way of Representation (“ABWOR”) available for appeal proceedings under section 8 of the Historical Sexual Offences (Pardons and Disregards) (Scotland) Act 2018 (“the 2018 Act”).
The proceedings for which ABWOR is made available are proceedings relating to the appeal of determinations in respect of applications for the disregarding of historical sexual offence convictions (under section 5 of the 2018 Act).
Regulation 2 adds these proceedings to the list of prescribed proceedings in regulation 3 (Application of Part 2 of the Act to assistance by way of representation: miscellaneous proceedings) of the Principal Regulations for which ABWOR is available. It also adds these proceedings to the list of prescribed proceedings in regulation 9 (prescribed proceedings) of the Principal Regulations to make ABWOR available without reference to the financial criteria set out in the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) under section 8 (availability of advice and assistance) and section 11(2) (client’s contributions). It further adds these proceedings to the list of prescribed proceedings in regulation 13 (assistance by way of representation requiring approval of the Board) of the Principal Regulations to make ABWOR available only with the approval of the Scottish Legal Aid Board applying certain criteria.