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The Criminal Legal Aid (Scotland) Amendment Regulations 2005

S.S.I. 2005/450 · 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 Criminal Legal Aid (Scotland) Regulations 1996
  4. 4Amendment of the Criminal Legal Aid (Scotland) Regulations 1996
  5. 5Amendment of the Criminal Legal Aid (Scotland) Regulations 1996
  6. 6Amendment of the Criminal Legal Aid (Scotland) Regulations 1996
  7. 7Amendment of the Criminal Legal Aid (Scotland) Regulations 1996
  8. Signature
  9. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Scotland) Amendment 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 criminal legal aid is made on or after 5th October 2005.

3Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

The Criminal Legal Aid (Scotland) Regulations 1996f1 are amended in accordance with the following regulations.

4Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

In regulation 2(1) (Interpretation)–

(i)

in the definition of “legal representative” for “curator bonis, tutor, judicial factor or guardian” substitute “judicial factor or a person authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000f1 or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003f2”; and

(ii)

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

5Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

In regulation 8(1)(a) (Applications for criminal legal aid in summary proceedings), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

6Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

In regulation 12(1)(b) (Applications for review), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

7Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

In regulation 13(1)(a) (Legal aid for criminal appeals) for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 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 Criminal Legal Aid (Scotland) Regulations 1996 to provide:

(a)

that the definition of “legal representative” is altered by the removal of reference to curator bonis, tutor and guardian, and by substituting reference to persons authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000 and on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003; and

(b)

references to the Mental Health (Scotland) Act 1984 are replaced with references to the Mental Health Care and Treatment) (Scotland) Act 2003.

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