The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2002

Scottish Statutory Instruments

2002 No. 254

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2002

Made

24th May 2002

Laid before the Scottish Parliament

28th May 2002

Coming into force

1st July 2002

The Scottish Ministers, in exercise of the powers conferred by section 36(1), (2)(h) and (3)(bb) 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 2002 and shall come into force on 1st July 2002.

Amendment of the Civil Legal Aid (Scotland) Regulations 1996

2.  At the end of regulation 14A(2) of the Civil Legal Aid (Scotland) Regulations 1996(2) there is inserted–

“(l) a decision as to the medical treatment of an adult is appealed to the Court of Session under section 50(3) of the 2000 Act;

(m) an application for a determination is made to the Court of Session under section 50(6) of the 2000 Act; and

(n) any decision as to the medical treatment of an adult is appealed to the sheriff or to the Court of Session under section 52 of the 2000 Act.”.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

24th May 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) Regulations 1996 so as to add certain proceedings under Part 5 (medical treatment and research) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) to the list of proceedings in regulation 14A of those Regulations. The availability of civil legal aid for the proceedings listed in that regulation is based on the resources of the incapable adult, not the applicant, where the applicant is a person having an interest in the personal welfare of that adult.

(1)

1986 c. 47; section 36(3)(bb) was inserted by the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 19. 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.I. 1996/2444, as amended by S.I. 1997/727, 1998/725 and 1999/1042 and S.S.I. 2000/182, 2001/82 and 2002/88. Regulation 14A was inserted by S.S.I. 2001/82 and amended by S.S.I. 2002/88.