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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1992

S.I. 1992/1588 · Made 30 June 1992

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, SCOTLAND

Made 30th June 1992

Coming into force 1st July 1992

The Secretary of State, in exercise of the powers conferred on him by sections 9(1) and (2)(a) and (b) and 37(1) of the Legal Aid (Scotland) Act 1986(f1) 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 Parliament and approved by resolution of each House of Parliament:

Annotations to the whole text

Footnotes

f1

1986 c. 47.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendment of principal Regulations
  4. 4Amendment of principal Regulations
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1992 and shall come into force on 1st July 1992.

2Interpretation

In these Regulations, “the principal Regulations” means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988(f1).

3Amendment of principal Regulations

In regulation 3 of the principal Regulations—

(a)

the word “and” shall be deleted and a comma shall be substituted therefor; and

(b)

after “1984” there shall be inserted the following:—

“and in relation to petitions for the appointment of an executor to a deceased person under the Act of Sederunt (Confirmation of Executors) 1964(f1)”.

4Amendment of principal Regulations

In regulation 4 of the principal Regulations—

(a)

at the beginning there shall be inserted “—(1)”; and

(b)

after sub-paragraph (f) there shall be inserted:—

“(2)

The assistance by way of representation which may be provided under Part II of the Act in relation to petitions for the appointment of an executor shall be for representation of the petitioner in all stages of an unopposed petition until the petitioner be decerned executor and extract decree dative obtained.”.

Signature

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew’s House,

Edinburgh

30th June 1992

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 and provide for assistance by way of representation to be made available in relation to unopposed petitions for the appointment of an executor of a deceased person under the Act of Sederunt (Confirmation of Executors) 1964. Their provisions come into force on 1st July 1992.