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The Criminal Legal Aid (Scotland) Amendment Regulations 2004

S.S.I. 2004/282 · Made 10 June 2004

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 10th June 2004

Laid before the Scottish Parliament 10th June 2004

Coming into force 2nd August 2004

The Scottish Ministers, in exercise of the powers conferred by sections 31(9) and 36(1) 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. 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. 2Amendment of the Criminal Legal Aid (Scotland) Regulations 1996
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Scotland) Amendment Regulations 2004 and shall come into force on 2nd August 2004.

2Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

(1)

The Criminal Legal Aid (Scotland) Regulations 1996f1 shall be amended in accordance with the following paragraph.

(2)

For regulation 5(3) substitute–

  • “Where a duty solicitor is available by virtue of arrangements made by the Board in accordance with sub-paragraph (d) of paragraph (1) above, section 31(1) of the Act shall not apply, and criminal legal aid for the purposes specified in the said sub paragraph (d) shall be provided only by such solicitor unless the proceedings take place before a court which has been designated as a youth court or a domestic abuse court by the sheriff principal.”.

Signature

HUGH HENRY

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

10th June 2004

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) Regulations 1996 so as to provide that the exclusive jurisdiction of the duty solicitor set out in regulation 5(3) of those Regulations does not apply in proceedings which take place in a court which has been designated as a domestic abuse court by the sheriff principal.