The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1995

Statutory Instruments

1995 No. 1219 (S.93)

LEGAL AID AND ADVICE, SCOTLAND

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1995

Made

3rd May 1995

Coming into force

5th May 1995

The Secretary of State, in exercise of the powers conferred on him by sections 9(1) and (2)(a), 36(1) and 37(1) of the Legal Aid (Scotland) Act 1986(1) 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 interpretation

1.—(1) These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1995 and shall come into force on 5th May 1995.

(2) In these Regulations “the principal Regulations” means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988(2).

Application

2.  These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 5th May 1995.

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) at the end there shall be added—

“(l) proceedings under section 66(6) of the Criminal Justice and Public Order Act 1994(3) for the return of sound equipment.”.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

3rd May 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988. The regulations provide for assistance by way of representation to be made available in relation to any proceedings for the return of sound equipment under section 66(6) of the Criminal Justice and Public Order Act 1994 (power of court to forfeit sound equipment).

(1)

1986 c. 47.

(2)

S.I. 1988/2290 as amended by 1992/1588, 1993/972, 1993/3186 and 1994/1000.

(3)

1994 c. 33.