2005 No. 451

LEGAL AID AND ADVICE

The Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(a) and (d)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 Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 2005 and shall come into force on 5th October 2005.

Application2

These Regulations shall apply only in relation to any case where an application for legal aid in connection with proceedings to which the provisions of section 30 of the Legal Aid (Scotland) Act 1986 apply is made on or after 5th October 2005.

Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992

3

The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 19922 are amended in accordance with the following regulations.

4

In regulation 2(1) (Interpretation)–

i

in the definition of “legal representative” for “curator bonis, judicial factor or guardian” substitute “judicial factor or a person authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 20003 or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 20034”; and

ii

after the definition of “legal representative” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”.

5

In regulation 4(3)(c) (Applications for legal aid), for “section 1(2) of the Mental Health (Scotland) Act 19845” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.

CATHY JAMIESONA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 as follows:–

a

the definition of “legal representative” is altered by the removal of the reference to curator bonis and guardian and substituting reference to persons authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000 and on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003;

b

the reference to the Mental Health (Scotland) Act 1984 is removed in regulation 4 where it makes provision as to the procedure for signing applications for legal aid where the applicant is unable to sign due to mental disorder and substituted with a reference to the Mental Health (Care and Treatment) (Scotland) Act 2003.

The Mental Health (Scotland) Act 1984 is replaced and repealed by the Mental Health (Care and Treatment) (Scotland) Act 2003.