1. These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2001 and shall come into force on the day after the day on which they are made.
2. The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997(1) shall be amended in accordance with the following regulations.
3. At the end of regulation 3 (application of Part II of the Act to assistance by way of representation: miscellaneous proceedings) there shall be added–
“(n)proceedings before a hearing established under–
(i)paragraph 12 or paragraph 59 of the Schedule to the Convention Rights (Compliance) (Scotland) Act 2001(2); or
(ii)section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993(3).”.
4. At the end of regulation 4 (application of Part II of the Act to assistance by way of representation: proceedings under the 1995 Act) there shall be added–
“(3) Sub-paragraphs (a), (b), (c), (d), (e), (f), (h) and (i) of paragraph (2) of this regulation shall not apply to proceedings before a court which has been designated as a drug court by the sheriff principal.”.
5. At the end of regulation 8A (prescribed proceedings) there shall be added–
“(c)proceedings before a hearing established under–
(i)paragraph 12 or paragraph 59 of the Schedule to the Convention Rights (Compliance) (Scotland) Act 2001; or
(ii)section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.”.
IAIN GRAY
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
11th October 2001