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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations consolidate the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1987 and the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1988.

These Regulations provide for assistance by way of representation to be available in relation to certain summary criminal proceedings in Scotland and appeals to the Sheriff under the Mental Health (Scotland) Act 1984, for which criminal legal aid is not available in terms of the Legal Aid (Scotland) Act 1986. The only change of substance is to apply the criteria set out in regulation 5(2) to the circumstances set out in regulation 4(d), (e) and (f).

Regulation 4 specifies the proceedings for which assistance by way of representation may be available, and regulation 5 sets out the criteria for determining whether it should be provided.