The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997

Application of Part II of the Act to assistance by way of representation: miscellaneous proceedings

3.  Part II of the Act shall apply to assistance by way of representation in relation to–

(a) summary criminal proceedings;

(b) petitions for the appointment of an executor to a deceased person under the Act of Sederunt (Confirmation of Executors) 1964(1);

(c) proceedings under Part V of the Mental Health (Scotland) Act 1984(2);

(d) petitions by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985(3);

(e) disciplinary proceedings before a governor in relation to a prisoner, where the prisoner has been permitted by the governor to be legally represented;

(f) proceedings in Parole Board cases;

(g) applications under section 42 of the Road Traffic Offenders Act 1988(4) for the removal of a disqualification;

(h) proceedings under section 66(6) of the Criminal Justice and Public Order Act 1994(5) for the return of sound equipment;

(i) civil proceedings arising from a failure by a person to–

(i) pay a fine or other sum; or

(ii) obey an order of the court; and

(j) applications, by someone other than the accused, under section 31(6) of the Criminal Law (Consolidation) (Scotland) Act 1995(6).

(1)

1964/1143.

(2)

1984 c. 36.

(3)

1985 c. 66; section 5(2) of the 1985 Act was substituted by section 3(2) of the Bankruptcy (Scotland) Act 1993 (c. 6).

(4)

1988 c. 53; section 42 was amended by the Road Traffic Act 1991 (c. 40), Schedule 4, paragraph 98.

(5)

1994 c. 33.

(6)

1995 c. 39.