2015 No. 279

Legal Aid And Advice

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2015

Made

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 9 of the Legal Aid (Scotland) Act 19861 and all other powers enabling them to do so.

In accordance with section 37(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Citation and commencement1

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 3) Regulations 2015 and come into force on the day after the day on which they are made.

Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 20032

In regulation 9 of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 20032 (prescribed proceedings), after paragraph (f) insert—

h

applications under sections 2(2), 3(3)(b), 4(3)(b), 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 20113.

PAUL WHEELHOUSEAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
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 (“the Principal Regulations”). They add applications under the Double Jeopardy (Scotland) Act 2011 to the list of prescribed proceedings in regulation 9 of the Principal Regulations in respect of which assistance by way of representation is available without reference to the financial limits under section 8 of the Legal Aid (Scotland) Act 1986 (availability of advice and assistance) and in respect of which section 11(2) of that Act (client’s contributions) does not apply.