The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2001

Citation, commencement and interpretation

1.  These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2001 and shall come into force on 19th February 2001.

Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997

2.  The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997(1) shall be amended in accordance with the following regulations.

3.  In regulation 3 (application of Part II of the Act to assistance by way of representation: miscellaneous proceedings) at the end of paragraph (l) there shall be inserted–

• “;

  (m)

  proceedings in connection with an application for a warrant of further detention, or for an extension of such a warrant, made to the sheriff under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000(2).”.

4.  For regulation 8A (prescribed proceedings) there shall be substituted–

“8A.   In relation to the following, assistance by way of representation shall be available without reference to the financial limits under section 8 of the Act (availability of advice and assistance), and section 11(2) of the Act (client’s contributions) shall not apply as respects assistance by way of representation–

(a) all proceedings under Part V of the Mental Health (Scotland) Act 1984(3);

(b) proceedings in connection with an application for a warrant of further detention, or for an extension of such a warrant, made to the sheriff under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000.”.

JAMES R WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

15th February 2001