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The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005

S.S.I. 2005/448 · Made 13 September 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE

Made 13th September 2005

Laid before the Scottish Parliament 13th September 2005

Coming into force 5th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(a) and (d) of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47; section 36 was amended for purposes not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  4. 4Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  5. 5Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  6. 6Amendment of the Civil Legal Aid (Scotland) Regulations 2002
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 5th October 2005.

2Application

These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 5th October 2005.

3Amendment of the Civil Legal Aid (Scotland) Regulations 2002

The Civil Legal Aid (Scotland) Regulations 2002f1 are amended in accordance with the following regulations.

4Amendment of the Civil Legal Aid (Scotland) Regulations 2002

In regulation 2(1) (Interpretation)–

(a)

in the definition of “legal representative” at the end insert “or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003f1”; and

(b)

after the definition of “parental rights” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”.

5Amendment of the Civil Legal Aid (Scotland) Regulations 2002

In regulation 5(1)(a)(iii) (Form of application) for “section 1(2) of the Mental Health (Scotland) Act 1984f1” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

6Amendment of the Civil Legal Aid (Scotland) Regulations 2002

In regulation 14 (Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity), in paragraphs (1) and (2) after “official capacity” insert “or is a named person by virtue of any of sections 250 to 254 and 257 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

Signature

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

13th September 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 as follows:–

(a)

the definition of “legal representative” is extended to include persons authorised to act on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”);

(b)

the reference to the Mental Health (Scotland) Act 1984 is removed in regulation 5 where it makes provision as to the procedure for signing applications for civil legal aid where the applicant is unable to sign due to mental disorder and is substituted with a reference to the 2003 Act; and

(c)

a reference to named persons, nominated and appointed in terms of the 2003 Act, is added to regulation 14 which provides for the assessment of financial resources of persons who make applications for civil legal aid in a representative, fiduciary or official capacity.

The Mental Health (Scotland) Act 1984 is replaced and repealed by the 2003 Act.