The Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, together with the Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 1) (Scotland) Regulations 2010 amend advice and assistance and civil legal aid legislation in consequence of the transfer of tribunal functions to the First-tier Tribunal and the Upper Tribunal established under the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”).

Regulation 3 amends Schedule 2 to the Legal Aid (Scotland) Act 1986—

(a) to remove the reference to the Child Support Commissioners. The Commissioners were abolished by virtue of the Transfer of Tribunal Functions Order 2008(1); and

(b) to make civil legal aid available for judicial review proceedings before the Upper Tribunal where the application to the supervisory jurisdiction of the Court of Session was transferred to the Upper Tribunal under section 20 of the 2007 Act.

Regulation 4 amends the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003—

(a) to make assistance by way of representation available in relation to proceedings before the First-tier Tribunal and the Upper Tribunal for which, prior to the transfer of tribunal functions, assistance by way of representation would have been available;

(b) to make assistance by way of representation available in relation to some proceedings before the First-tier Tribunal and the Upper Tribunal for which, prior to the transfer of tribunal functions, assistance by way of representation or civil legal aid would not have been available. Specifically: appeals against penalties imposed under Schedule 24 to the Finance Act 2007 and Schedule 41 to the Finance Act 2008 and appeals against decisions made under section 5 of the Pensions Appeal Tribunal Act 1943 and section 4 of the Vaccine Damage Payments Act 1979; and

(c) to remove references to tribunals which have been abolished by virtue of the Transfer of Tribunal Functions Order 2008, the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009(2), the Transfer of Functions of the Asylum and Immigration Tribunal Order 2010(3) and the Transfer of Tribunal Functions Order 2010(4).

(1)

S.I. 2008/2833.

(2)

S.I. 2009/56.

(3)

S.I. 2010/21.

(4)

S.I. 2010/22.