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—
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);
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
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).