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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2015

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2015, ISBN 9780111028391

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.

Draft Regulations laid before the Scottish Parliament under section 37(2) of the Legal Aid (Scotland) Act 1986, for approval by resolution of the Scottish Parliament.

Legal Aid And Advice

Made 2015

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 9 of the Legal Aid (Scotland) Act 1986f1 and all other powers enabling them to do so.

In accordance with section 37(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1986 c.47; section 9(2)(dd) and (de) was inserted by the Access to Justice Act 1999 (c.22), section 32. There are other amendments to that section which are not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2015 and come into force on the day after the day on which they are made.

2Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

In regulation 9 of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003f1 (prescribed proceedings), after paragraph (f) insert—

“(h)

applications under sections 2(2), 3(3)(b), 4(3)(b), 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 2011f2.”.

Signature

Name

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 (“the Principal Regulations”). They add applications under the Double Jeopardy (Scotland) Act 2011 to the list of prescribed proceedings in regulation 9 of the Principal Regulations in respect of which assistance by way of representation is available without reference to the financial limits under section 8 of the Legal Aid (Scotland) Act 1986 (availability of advice and assistance) and in respect of which section 11(2) of that Act (client’s contributions) does not apply.