The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1995

Statutory Instruments

1995 No. 1222 (S.96)

LEGAL AID AND ADVICE, SCOTLAND

The Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1995

Made

3rd May 1995

Coming into force

5th May 1995

The Secretary of State, in exercise of the powers conferred on him by sections 21(2) and 36(1) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by resolution of, each House of Parliament:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Amendment Regulations 1995 and shall come into force on 5th May 1995.

(2) In these Regulations, “the principal Regulations” means the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994(2).

Application

2.  These Regulations shall not apply in relation to any case where criminal legal aid is granted before 5th May 1995.

Proceedings in which criminal legal aid shall not be available

3.  In regulation 3 of the principal Regulations (proceedings in which criminal legal aid shall not be available) at the end there shall be added—

“(f) under section 66(6) of the Criminal Justice and Public Order Act 1994(3) for the return of sound equipment.”.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

3rd May 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Prescribed Proceedings) Regulations 1994 (S.I. 1994/1001) by adding to the proceedings in connection with which criminal legal aid is not to be available. The proceedings are those to which assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is made available by regulation 3 of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1995 (S.I. 1995/1219).

(1)

1986 c. 47.

(2)

S.I. 1994/1001.

(3)

1994 c. 33.