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Age of Criminal Responsibility (Scotland) Act 2019

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Age of Criminal Responsibility (Scotland) Act 2019, Section 73 is up to date with all changes known to be in force on or before 13 April 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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73Children's legal aid for proceedings under this PartS

This section has no associated Explanatory Notes

(1)The Legal Aid (Scotland) Act 1986 is amended as follows.

(2)In section 28B (children's legal aid)—

(a)in subsection (2), for “subsection (3)” substitute “ subsections (3) and (3A) ”,

(b)after subsection (3) insert—

(3A)The proceedings are, where regulations under section 28LB are made, proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019..

(3)After section 28LA insert—

28LBPower of Scottish Ministers to provide for children's legal aid to be available in relation to proceedings under the Age of Criminal Responsibility (Scotland) Act 2019

(1)The Scottish Ministers may by regulations modify this Part so as to—

(a)provide for children's legal aid to be available to a child in connection with proceedings before the sheriff and appeals from the sheriff under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, and

(b)specify the other persons (if any) to whom children's legal aid is to be available in connection with such proceedings and appeals.

(2)Regulations under subsection (1) may in particular made provision about—

(a)the proceedings in relation to which and the circumstances in which children's legal aid is to be available automatically,

(b)the proceedings in relation to which and the circumstances in which children's legal aid is to be available on application to the Board.

(3)Where regulations under subsection (1) include provision as is mentioned in subsection (2)(b), the regulations—

(a)must make provision for the conditions as to which the Board is to be satisfied before children's legal aid is to be made available,

(b)may make provision for different conditions to be satisfied in relation to different persons..

(4)In section 37 (parliamentary procedure for regulations), in subsection (2), after “28LA(1),” insert “ 28LB(1), ”.

Commencement Information

I1S. 73 in force at 31.3.2020 by S.S.I. 2020/74, reg. 2, sch.

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