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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2001

S.S.I. 2001/382 · Made 11 October 2001

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 11th October 2001

Coming into force 15th October 2001

The Scottish Ministers, in exercise of the powers conferred by sections 9(1) and (2)(a) 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. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997
  3. 3Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997
  4. 4Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997
  5. 5Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997
  6. Signature
  7. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2001 and shall come into force on the day after the day on which they are made.

2Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997f1 shall be amended in accordance with the following regulations.

3Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997

At the end of regulation 3 (application of Part II of the Act to assistance by way of representation: miscellaneous proceedings) there shall be added–

“(n)

proceedings before a hearing established under–

(i)

paragraph 12 or paragraph 59 of the Schedule to the Convention Rights (Compliance) (Scotland) Act 2001f1; or

(ii)

section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993f2.”.

4Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997

At the end of regulation 4 (application of Part II of the Act to assistance by way of representation: proceedings under the 1995 Act) there shall be added–

“(3)

Sub-paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of paragraph (2) of this regulation shall not apply to proceedings before a court which has been designated as a drug court by the sheriff principal.”.

5Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997

At the end of regulation 8A (prescribed proceedings) there shall be added–

“(c)

proceedings before a hearing established under–

(i)

paragraph 12 or paragraph 59 of the Schedule to the Convention Rights (Compliance) (Scotland) Act 2001; or

(ii)

section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.”.

Signature

IAIN GRAY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

11th October 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997 so as to make assistance by way of representation available for existing life prisoners, existing transferred life prisoners and transferred life prisoners who are the subject of a hearing to specify a notional punishment part (regulation 3). This assistance by way of representation shall be available without reference to the provisions of the Legal Aid (Scotland) Act 1986 which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance (regulation 5).

The Regulations also provide that assistance by way of representation shall not be available for certain proceedings, where those proceedings take place in a court which has been designated as a drug court by the sheriff principal (regulation 4).