# The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2005

S.S.I. 2005/165 · made 17 March 2005

These Regulations amend the Advice and Assistance (Assistance by way of Representation) (Scotland) Regulations 2003 (“the 2003 Regulations”) so as to provide that–assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is available for proceedings before the Asylum and Immigration Tribunal. The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 creates the Asylum and Immigration Tribunal which replaces the Immigration Appellate Authority and the Immigration Appeal Tribunal on 4th April 2005; andassistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is available for persons who, as witnesses, are brought before the court in solemn criminal proceedings, having been apprehended for deliberately and obstructively failing to appear at any diet to which they have been cited. This assistance by way of representation shall be available without reference to sections 8 and 11 of the 1986 Act which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance.

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

PDFs: Printed copy https://openlegislation.uk/advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2005/pdf/ssi_20050165_en.pdf

## Introductory text

LEGAL AID AND ADVICE
Made 17th March 2005
Coming into force in accordance with regulation 2
The Scottish Ministers, in exercise of the powers conferred by section 9 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 2005.

## 2 Citation and commencement

Regulations 4 and 5 shall come into force on 4th April 2005 and all other regulations shall come into force on 1st April 2005.

## 3 Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 are amended in accordance with the following regulations.

## 4 Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 1(2) (interpretation) omit–
(a) from “adjudicator” where it occurs in the first instance to “the Asylum and Immigration Act 1996”;
(b) the definition of “the 1999 Act”; and
(c) the definition of “Immigration Appeal Tribunal”.

## 5 Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 3 for paragraph (l) substitute–
“(l) proceedings before the Asylum and Immigration Tribunal, as established by virtue of section 26 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004;”.

## 6 Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 4 (Application of Part II of the Act to assistance by way of representation: proceedings under the Criminal Procedure (Scotland) Act 1995), after paragraph (2)(i), insert–
“(j) under section 90B, 90C, 90D or 90E in relation to orders made in respect of witnesses apprehended under section 90A, breach of bail, the review of orders made, or, as the case may be, appeals in respect of orders made.”

## 7 Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 9 (Prescribed proceedings), after paragraph (e), insert–
“(f) proceedings under sections 90B to 90E of the Criminal Procedure (Scotland) Act 1995.”.

## Signature

HUGH HENRY
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
17th March 2005

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Assistance by way of Representation) (Scotland) Regulations 2003 (“the 2003 Regulations”) so as to provide that–
(a) assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is available for proceedings before the Asylum and Immigration Tribunal. The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 creates the Asylum and Immigration Tribunal which replaces the Immigration Appellate Authority and the Immigration Appeal Tribunal on 4th April 2005; and
(b) assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is available for persons who, as witnesses, are brought before the court in solemn criminal proceedings, having been apprehended for deliberately and obstructively failing to appear at any diet to which they have been cited. This assistance by way of representation shall be available without reference to sections 8 and 11 of the 1986 Act which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance.

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Source: https://www.legislation.gov.uk/ssi/2005/165 (the official version)
Page: https://openlegislation.uk/advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.