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The Mental Health (Scotland) Act 1984 is replaced and repealed by the Mental Health (Care and Treatment) (Scotland) Act 2003.