# The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1994

S.I. 1994/1000 · made 28 March 1994

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988 (“the principal Regulations”).

Made under: Legal Aid (Scotland) Act 1986 (Section 9, Section 36, Section 37)

## Introductory text

LEGAL AID AND ADVICE, SCOTLAND
Made 28th March 1994
Coming into force 11th April 1994
The Secretary of State, in exercise of the powers conferred on him by sections 9(1), (2)(a), (c) and (d), and (3), 36(1) and 37(1) of the Legal Aid (Scotland) Act 1986 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:

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1994 and shall come into force on 11th April 1994.
(2) In these Regulations—
“the principal Regulations” means the Advice and Assistance (Assistance by way of Representation) (Scotland) Regulations 1988; and
“the 1975 Act” means the Criminal Procedure (Scotland) Act 1975.

## 2 Application

These Regulations shall apply only in relation to any case where an application for advice and assistance is granted on or after 11th April 1994.

## 3 Amendment of the principal Regulations

In regulation 3 of the principal Regulations (application of Part II of the Act to assistance by way of representation)—
(a) for paragraph (b) there shall be substituted—
“(b) proceedings under Part V of the Mental Health (Scotland) Act 1984;”;and
(b) at the end there shall be added—
“(g) proceedings under section 186 or 387 of the 1975 Act in relation to failure to comply with the requirements of a probation order;
(h) proceedings under section 187 or 388 of the 1975 Act in relation to the conviction of a probationer by a Court in Great Britain of an offence committed during his probation period;
(i) proceedings under section 4 of the Community Service by Offenders (Scotland) Act 1978 in relation to failure to comply with the requirements of a community service order;
(j) proceedings under paragraph 4 of Schedule 6 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 in relation to failure to comply with the requirements of a supervised attendance order; and
(k) applications under section 42 of the Road Traffic Offenders Act 1988 for the removal of a disqualification.”.

## 4 Amendment of the principal Regulations

In regulation 5 (criteria for determining whether assistance by way of representation should be provided)—
(a) in paragraph (1) for “regulation 4(a) and (b)” there shall be substituted “regulation 4(1)(a) and (b)”; and
(b) in paragraph (2) for “regulation 4(c), (d), (e) and (f)” there shall be substituted “regulation 4(1)(c), (d), (e) and (f)”.

## 5 Amendment of the principal Regulations

After regulation 5 of the principal Regulations there shall be inserted—
“Assistance by way of representation requiring approval of Board
5A The approval of the Board shall be required as a pre-condition of the provision of assistance by way of representation in relation to the proceedings described in regulation 3(k) above.”.

## Signature

Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
28th March 1994

## 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 principal Regulations”).
The regulations—
(a) provide for assistance by way of representation to be made available in relation to any proceedings under Part V of the Mental Health (Scotland) Act 1984, to proceedings for breach of a probation order, community service order or supervised attendance order and to proceedings by way of petition for the removal of a driving disqualification (regulation 3);
(b) amend regulation 5 of the principal Regulations to take account of amendments made to regulation 4 of the principal Regulations by The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1992 (S.I. 1992/1588) (regulation 4); and
(c) provide that the approval of the Scottish Legal Aid Board is required for the provision of assistance by way of representation in relation to petitions for the removal of a driving disqualification (regulation 5).

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Source: https://www.legislation.gov.uk/uksi/1994/1000 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-1994
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.