OpenLegislation

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997

S.I. 1997/3069 · Made 23 December 1997

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, SCOTLAND

Made 23rd December 1997

Coming into force 1st January 1998

The Secretary of State, in exercise of the powers conferred on him by section 21(2) of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling him in that behalf, hereby makes the following Regulations of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, each House of Parliament:

Annotations to the whole text

Footnotes

f1

1986 c. 47.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Revocation
  3. 3Proceedings in which criminal legal aid shall not be available
  4. Signature
  5. Schedule REGULATIONS REVOKED
  6. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1997 and shall come into force on 1st January 1998.

(2)

In these Regulations, unless the context otherwise requires, “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995f1.

2Revocation

The Regulations specified in the Schedule to these Regulations are hereby revoked.

3Proceedings in which criminal legal aid shall not be available

Criminal legal aid shall not be available in connection with proceedings–

(a)

under section 42 of the Road Traffic Offenders Act 1988f1 for the removal of a disqualification;

(b)

under section 232 of the 1995 Act in relation to failure to comply with the requirements of a probation order;

(c)

under section 233 of the 1995 Act in relation to the conviction of a probationer by a court in Great Britain of an offence committed during his probation period;

(d)

under section 239(4) to (6) of the 1995 Act in relation to failure to comply with the requirements of a community service order;

(e)

under section 240(1) and (3) of the 1995 Act in relation to amendment or revocation of a community service order;

(f)

under paragraph 4 of Schedule 7 to the 1995 Act in relation to failure to comply with the requirements of a supervised attendance order;

(g)

under paragraph 5(1) and (3) of Schedule 7 to the 1995 Act in relation to amendment or revocation of a supervised attendance order;

(h)

under section 5(4) of the Proceeds of Crime (Scotland) Act 1995f2 in relation to an appeal against a court decision under section 5(3);

(i)

under section 6(4) of the Proceeds of Crime (Scotland) Act 1995 in relation to an appeal against a court decision under section 6(3); and

(j)

under section 27 of the Proceeds of Crime (Scotland) Act 1995 in relation to an appeal against a court decision under section 25(1) or 26(1).

Signature

Henry McLeish

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

23rd December 1997

REGULATIONS REVOKED

TitleReference
The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994S.I. 1994/1001
The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1995S.I. 1995/1222
The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1996S.I. 1996/1009

Explanatory note

(This note is not part of the Regulations)

These Regulations consolidate with amendments and revoke the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994 and subsequent amending instruments.

The main amendments provide:–

(a)

that criminal legal aid shall not be available for certain proceedings under the Criminal Procedure (Scotland) Act 1995 (regulation 3(e) and regulation 3(g));

(b)

that criminal legal aid shall not be available for certain proceedings under the Proceeds of Crime (Scotland) Act 1995 (regulations 3(h) and 3(i)).

Assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is made available in relation to these prescribed proceedings by regulation 4(2)(d) and 4(2)(f) and regulation 5(2)(b) and 5(2)(g) of the Advice and Assistance (Assistance by way of Representation) (Scotland) Regulations 1997 (S.I. 1997/3070).

The opportunity has also been taken to make minor and drafting amendments.