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The Advice and Assistance (Assistance By Way of Representation) (Scotland) Amendment Regulations 2012

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

Draft 2012, ISBN 9780111015766

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

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred 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 these Regulations has been laid before, and approved by resolution of, the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1986 c.47; to which there are amendments to section 9 not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (c.46), section 53.

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 Regulations 2012 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

(1)

The Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003f1 are amended as follows.

(2)

In regulation 3 (application of Part II of the Legal Aid (Scotland) Act 1986 to assistance by way of representation: miscellaneous proceedings)f2, at the end of paragraph (s), insert—

“; and

(t)

applications under sections 2(2), 3(3)(b), 4(3)(b), 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 2011f3.”.

Signature

Name

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 for proceedings under the Double Jeopardy (Scotland) Act 2011 (asp 16) where—

(a)

an application has been made under sections 2(2), 3(3)(b) or 4(3)(b) of that Act to bring a new prosecution where a person has been acquitted of an offence;

(b)

an application has been made under section 11(3) of that Act where a person has been acquitted of an offence involving the physical injury of another person and the injured person has since died; or

(c)

an application has been made under section 12(3) of that Act to bring a new prosecution on the basis that the previous proceedings were a nullity.