Search Legislation

The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2005 No. 448

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005

Made

13th September 2005

Laid before the Scottish Parliament

13th September 2005

Coming into force

5th October 2005

The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(a) and (d) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 5th October 2005.

Application

2.  These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 5th October 2005.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.  The Civil Legal Aid (Scotland) Regulations 2002(2) are amended in accordance with the following regulations.

4.  In regulation 2(1) (Interpretation)–

(a)in the definition of “legal representative” at the end insert “or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003(3)”; and

(b)after the definition of “parental rights” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”.

5.  In regulation 5(1)(a)(iii) (Form of application) for “section 1(2) of the Mental Health (Scotland) Act 1984(4)” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

6.  In regulation 14 (Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity), in paragraphs (1) and (2) after “official capacity” insert “or is a named person by virtue of any of sections 250 to 254 and 257 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

13th September 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 as follows:–

(a)the definition of “legal representative” is extended to include persons authorised to act on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”);

(b)the reference to the Mental Health (Scotland) Act 1984 is removed in regulation 5 where it makes provision as to the procedure for signing applications for civil legal aid where the applicant is unable to sign due to mental disorder and is substituted with a reference to the 2003 Act; and

(c)a reference to named persons, nominated and appointed in terms of the 2003 Act, is added to regulation 14 which provides for the assessment of financial resources of persons who make applications for civil legal aid in a representative, fiduciary or official capacity.

The Mental Health (Scotland) Act 1984 is replaced and repealed by the 2003 Act.

(1)

1986 c. 47; section 36 was amended for purposes not relevant to these Regulations. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.S.I. 2002/494, to which there are amendments not relevant to these Regulations.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources