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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 and shall come into force on 24th March 2003.

(2) In these Regulations–

“the Act” means the Legal Aid (Scotland) Act 1986;

“adjudicator” means an adjudicator appointed by virtue of Schedule 3 to the 1999 Act(1) and includes–

(a)

an adjudicator who acts as a special adjudicator for the purposes of section 8 of the Asylum and Immigration Appeals Act 1993(2); and

(b)

an adjudicator who acts as a special adjudicator for the purposes of section 3 of the Asylum and Immigration Act 1996(3);

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(4);

“the 1999 Act” means the Immigration and Asylum Act 1999(5);

“the chairman of a tribunal”, in relation to a Parole Board case, has the same meaning as in Rule 2(1) of the Parole Board (Scotland) Rules 1993(6);

“disciplinary proceedings”, in relation to a prisoner, means an inquiry before a governor held in pursuance of rules 97 and 98 of the Prisons and Young Offenders Institutions (Scotland) Rules 1994(7) in respect of a breach of discipline which the prisoner is alleged to have committed;

“employment tribunal” means a tribunal established under section 1 of the Employment Tribunals Act 1996(8);

“governor” means any of the following persons:–

(a)

the person who is appointed by the Scottish Ministers under section 3(1) of the Prisons (Scotland) Act 1989(9) as the Governor-in-Charge of a prison;

(b)

the officer who is the Deputy Governor of a prison;

(c)

any officer who is appointed to manage a function or group of functions within a prison and is known as a Unit Manager and who has been authorised to adjudicate disciplinary proceedings; and

(d)

where there is no officer as mentioned in sub-paragraphs (a) to (c) above present for the time being in a prison, the most senior officer who is present in the prison at that time.

“Immigration Appeal Tribunal” means the Tribunal continued in force by virtue of section 56(1) of the 1999 Act;

“officer” means an officer of the prison appointed by the Scottish Ministers;

“Parole Board case” means a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 1993 applies;

“prison” has the same meaning as in section 43(1) of the Prisons (Scotland) Act 1989(10) and also includes a young offenders institution;

“prisoner”–

(a)

in relation to disciplinary proceedings, has the same meaning as in section 43(1) of the Prisons (Scotland) Act 1989 and also includes a person serving a sentence of detention in a young offenders institution; and

(b)

in relation to a Parole Board case, has the same meaning as in Rule 2(1) of the Parole Board (Scotland) Rules 1993;

“tribunal” in relation to a Parole Board case, means a tribunal formed under Rule 18 of the Parole Board (Scotland) Rules 1993, and includes a preliminary hearing before the chairman of a tribunal under Rule 19 of those Rules; and

“young offenders institution” has the same meaning as in section 19(1) of the Prisons (Scotland) Act 1989.

(1)

By virtue of article 3 of S.I. 2000/168, “adjudicator” and the “Immigration Appeal Tribunal” for the purposes of the Immigration and Asylum Act 1999 (c. 33) are to be treated as the adjudicators and the Immigration Appeal Tribunal for the purposes of the previous Immigration Acts as defined in that article.

(2)

1993 c. 23; section 8 was amended by the Asylum and Immigration Act 1996 (c. 49), Schedule 3, paragraph 2.

(6)

S.I. 1993/2225, amended by S.I. 1997/2317 and 1999/1116.

(7)

S.I. 1994/1931; relevant amending instruments are S.I. 1996/32, 1997/2007 and 1998/1589.

(8)

1996 c. 17. Section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) provides that the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996, and substitutes the term “industrial tribunal” with “employment tribunal” wherever it occurs in any enactment.

(9)

1989 c. 45. Section 3(1) was modified by the Criminal Justice and Public Order Act 1994 (c. 33), section 110 and amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 27 and the Crime and Punishment (Scotland) Act 1997 (c. 48), section 43.

(10)

Section 43(1) was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4 and the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9), Schedule 5.

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