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The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 2005
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- Scottish Statutory Instruments
- 2005 No. 482
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Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 so as to provide that–
(a)assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) is available for proceedings before the Mental Health Tribunal for Scotland, as established by the Mental Health (Care and Treatment) (Scotland) Act 2003;
(b)assistance by way of representation shall be available to persons without reference to sections 8 and 11 of the 1986 Act which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance; and
(c)any grant of assistance by way of representation made before 5th October 2005 for proceedings under Part V of the Mental Health (Scotland) Act 1984(1) shall continue until the case is disposed of as if these Regulations had not been made.
(1)
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