2002 No. 254

LEGAL AID AND ADVICE

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

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by section 36(1), (2)(h) and (3)(bb) 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 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 19962

At the end of regulation 14A(2) of the Civil Legal Aid (Scotland) Regulations 19962 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 WALLACEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(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.