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

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This is the original version (as it was originally made).

Prescribed proceedings

9.  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)proceedings under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981;

(b)proceedings under Part V of the Mental Health (Scotland) Act 1984;

(c)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;

(d)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; and

(e)proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001.

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