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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2005

S.S.I. 2005/482 · Made 29 September 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE

Made 29th September 2005

Coming into force 5th October 2005

The Scottish Ministers, in exercise of the powers conferred by sections 9(1), (2)(a), (dd), (de), 36(1) and 37(1) of the Legal Aid (Scotland) Act 1986f1, and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

1986 c. 47; section 9(2)(dd) and (de) was inserted by the Access to Justice Act 1999 (c. 22), section 32. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1988 (c. 46).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Application
  3. 3Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
  4. 4Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
  5. 5Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
  6. 6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
  7. Signature
  8. Explanatory note

1Citation, commencement and interpretation

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 5th October 2005.

2Application

These Regulations apply only in respect of proceedings commenced on or after 5th October 2005.

3Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003f1 are amended in accordance with the following regulations.

4Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 1(2) (interpretation) insert at the appropriate place–

  • ““Mental Health Tribunal for Scotland” means the tribunal established under Part 3 of the Mental Health (Care and Treatment) (Scotland) Act 2003f1;”.

5Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 3 for paragraph (d) substitute–

“(d)

proceedings before the Mental Health Tribunal for Scotland;”.

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 9 for paragraph (b) substitute–

“(b)

proceedings before the Mental Health Tribunal for Scotland;”.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

29th September 2005

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 so as to provide that–

(a)

assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) is available for proceedings before the Mental Health Tribunal for Scotland, as established by the Mental Health (Care and Treatment) (Scotland) Act 2003;

(b)

assistance by way of representation shall be available to persons without reference to sections 8 and 11 of the 1986 Act which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance; and

(c)

any grant of assistance by way of representation made before 5th October 2005 for proceedings under Part V of the Mental Health (Scotland) Act 1984f1 shall continue until the case is disposed of as if these Regulations had not been made.