Regulation 6 Applications on behalf of others
Persons who may make an application in accordance with regulation 4 on behalf of a client are–
where the client on cause shown cannot make an application in accordance with regulation 4, a person authorised by the client; or
where the client is a child in terms of the 2011 Act, and the application concerns hearings or proceedings under that Act, a safeguarder or other lay representative of the child.
Without prejudice to any right of a child to apply under regulation 4 or to authorise application on his behalf under paragraph (1) of this regulation, application for advice and assistance on behalf of a child may be made by any person having parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 M1 in relation to the child or by any person in whose care he is, or by a person acting for the purpose of any proceedings as his tutor or curator.
An application for advice and assistance in relation to the recognition or enforcement of a judgment under section 5 of the Civil Jurisdiction and Judgments Act 1982 may be signed on behalf of the client by the solicitor to whom the application is made.
Annotations
Textual amendments
- F1
Reg. 6(1) substituted (1.10.2003) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/421), regs. 1, 5 (with reg. 2)
- F2
Words in reg. 6(1)(b) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005 (S.S.I. 2005/445), arts. 1, 2, sch. para. 24
- F3
Word in reg. 6(1)(b) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(3)(a)
- F4
Reg. 6(1)(c) inserted (24.6.2013) by The Children’s Legal Assistance (Scotland) Regulations 2013 (S.S.I. 2013/200), regs. 1, 4(3)(b)
Marginal citations
- M1