# The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2011

Draft 2011, ISBN 9780111011294

These Regulations amend the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003 to make assistance by way of representation available in relation to proceedings relating to community payback orders (except where those proceedings are conducted before a designated drug court). Community payback orders are established by sections 227A to 227ZN of the Criminal Procedure (Scotland) Act 1995. Those sections were inserted by section 14 of the Criminal Justice and Licensing (Scotland) Act 2010, which comes into force on 1stFebruary 2011 by virtue of S.S.I. 2010/413.

Made under: Legal Aid (Scotland) Act 1986 (Section 9)

PDFs: Printed copy https://openlegislation.uk/draft-advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2011/pdf/sdsi_9780111011294_en.pdf; Executive Note https://openlegislation.uk/draft-advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2011/pdf/sdsien_9780111011294_en.pdf

## Introductory text

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
Coming into force 1st February 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 9 of the Legal Aid (Scotland) Act 1986 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.

## 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2011 and come into force on 1st February 2011.

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

In regulation 4 of the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003 (which provides for assistance by way of representation to be available in respect of certain proceedings under the Criminal Procedure (Scotland) Act 1995)—
(a) in paragraph (2), after sub-paragraph (f) insert—
“(fa) under—
(i) section 227X (periodic review of community payback orders);
(ii) section 227Y (applications to vary, revoke and discharge community payback orders); and
(iii) section 227ZC (breach of community payback order);”; and
(b) in paragraph (3), after “(f),” insert “(fa),”.

## Signature

A member of the Scottish Executive
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 to make assistance by way of representation available in relation to proceedings relating to community payback orders (except where those proceedings are conducted before a designated drug court). Community payback orders are established by sections 227A to 227ZN of the Criminal Procedure (Scotland) Act 1995. Those sections were inserted by section 14 of the Criminal Justice and Licensing (Scotland) Act 2010, which comes into force on 1st February 2011 by virtue of S.S.I. 2010/413.

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Source: https://www.legislation.gov.uk/sdsi/2011/9780111011294 (the official version)
Page: https://openlegislation.uk/draft-advice-and-assistance-assistance-by-way-of-representation-scotland-amendment-regulations-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.