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Regulation 4A Applications for advice and assistance: further provisionF1

The requirement in regulation 4 for an application for advice and assistance to be signed does not apply in the case of—

(a)

a client to whom section 32 of the Criminal Justice (Scotland) Act 2016 (right to have a solicitor present) applies;

(b)

a person who is detained under section 41 or schedule 7 of the Terrorism Act 2000;

(c)

a person who is detained under part 1 of schedule 3 of the Counter-Terrorism and Border Security Act 2019;

F2(d)

a person who is detained under section 27 of the National Security Act 2023.

Annotations

Textual amendments

F1

Reg. 4A substituted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(2)

F2

Reg. 4A(d) inserted (15.11.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 5(2)