# The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2002

S.S.I. 2002/37 · made 4 February 2002

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 detained persons brought before a sheriff under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59) and under section 5 of the Protection from Abuse (Scotland) Act 2001 (asp 14) (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 4).

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

PDFs: Printed copy https://openlegislation.uk/advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2002/pdf/ssi_20020037_en.pdf

## Introductory text

LEGAL AID AND ADVICE
Made 4th February 2002
Coming into force 6th February 2002
The Scottish Ministers, in exercise of the powers conferred by sections 9(1), (2)(a), (dd) and (de) and 37(1) of the Legal Aid (Scotland) Act 1986 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:

## 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2002 and shall come into force on 6th February 2002.

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

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

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

In regulation 3 (application of Part II of the Act to assistance by way of representation: miscellaneous proceedings)–
(a) after paragraph (b) there is inserted–
“(bb) proceedings under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;”; and
(b) after paragraph (n) there is inserted–
“(o) proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001.”.

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

In regulation 8A (prescribed proceedings)–
(a) before paragraph (a) there is inserted–
“(aa) proceedings under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;”; and
(b) after paragraph (c) there is inserted–
“(d) proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001.”.

## Signature

JAMES WALLACE
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
4th February 2002

## 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 detained persons brought before a sheriff under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59) and under section 5 of the Protection from Abuse (Scotland) Act 2001 (asp 14) (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 4).

---
Source: https://www.legislation.gov.uk/ssi/2002/37 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2002
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.