1994 No. 1000 (S. 43)
The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1994
Made
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 9(1), (2)(a), (c) and (d), and (3), 36(1) and 37(1) of the Legal Aid (Scotland) Act 19861 and of all other powers enabling him in that behalf, hereby makes the following Regulations, of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, each House of Parliament:
Citation, commencement and interpretation1
1
These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1994 and shall come into force on 11th April 1994.
Application2
These Regulations shall apply only in relation to any case where an application for advice and assistance is granted on or after 11th April 1994.
Amendment of the principal Regulations
3
In regulation 3 of the principal Regulations (application of Part II of the Act to assistance by way of representation)4—
a
for paragraph (b) there shall be substituted—
b
proceedings under Part V of the Mental Health (Scotland) Act 19845;
b
at the end there shall be added—
g
proceedings under section 186 or 387 of the 1975 Act6 in relation to failure to comply with the requirements of a probation order;
h
proceedings under section 187 or 388 of the 1975 Act in relation to the conviction of a probationer by a Court in Great Britain of an offence committed during his probation period;
i
proceedings under section 4 of the Community Service by Offenders (Scotland) Act 19787 in relation to failure to comply with the requirements of a community service order;
j
proceedings under paragraph 4 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 19908 in relation to failure to comply with the requirements of a supervised attendance order; and
k
applications under section 42 of the Road Traffic Offenders Act 19889 for the removal of a disqualification.
4
In regulation 5 (criteria for determining whether assistance by way of representation should be provided)—
a
in paragraph (1) for “regulation 4(a) and (b)” there shall be substituted “regulation 4(1)(a) and (b)”10; and
b
in paragraph (2) for “regulation 4(c), (d), (e) and (f)” there shall be substituted “regulation 4(1)(c), (d), (e) and (f)”.
5
After regulation 5 of the principal Regulations there shall be inserted—
Assistance by way of representation requiring approval of Board5A
The approval of the Board shall be required as a pre-condition of the provision of assistance by way of representation in relation to the proceedings described in regulation 3(k) above.
(This note is not part of the Regulations)