The Criminal Legal Aid (Scotland) Amendment Regulations 2001

Made10th September 2001

Laid before the Scottish Parliament12th September 2001

Coming into force15th October 2001

The Scottish Ministers, in exercise of the powers conferred by sections 31(9) and 36(1) and (2)(a) and (c) of the Legal Aid (Scotland) Act 19861 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Criminal Legal Aid (Scotland) Amendment Regulations 2001 and shall come into force on 15th October 2001.

Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

2

The Criminal Legal Aid (Scotland) Regulations 19962 shall be amended in accordance with the following regulations.

3

In paragraph (1) of regulation 4, for sub-paragraph (h) there shall be substituted–

h
references by the Scottish Criminal Cases Review Commission under section 194B of the 1995 Act3;

4

In sub-paragraph (c) of paragraph (2) of regulation 4, for “185” there shall be substituted “183”.

5

In regulation 5, after paragraph (2), there shall be inserted–

2A
The duty solicitor shall not be available for the purpose described in sub-paragraph (d) of paragraph (1) above, where the proceedings described in that sub-paragraph take place before a court which has been designated as a drug court by the sheriff principal.

JAMES WALLACEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh10th September 2001

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) Regulations 1996 (“the 1996 Regulations”) so as to provide that the duty solicitor scheme shall not apply to proceedings which take place in a court which has been designated as a drug court by the sheriff principal (regulation 5).

Regulation 3 updates the 1996 Regulations to reflect an amendment to the Criminal Procedure (Scotland) Act 1995 (c. 46).

Regulation 4 amends an incorrect reference in the 1996 Regulations.