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(This note is not part of the Regulations)
These Regulations make assistance by way of representation available in relation to proceedings before an adjudicator (including a special adjudicator) or the Immigration Appeal Tribunal (regulation 3). the purposes of section 9(2)(dd) and (de) of the Legal Aid (Scotland) Act 1986 (c. 47) (“the 1986 Act”) (regulation 4). Subsection 9(2)(dd) and (de) were inserted into the 1986 Act by section 32 of the Access
The Regulations also prescribe proceedings for to Justice Act 1999 (c. 22). As such, where assistance by way of representation is made available in relation to proceedings under Part V of the Mental Health (Scotland) Act 1984 (c. 36) no account is taken of the financial eligibility test under section 8 of the 1986 Act or the client contribution test under section 11 of that Act.
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