Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
| Jurisdiction | Scotland |
| Citation | SSI 2003/179 |
(1) These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 and shall come into force on 24th March 2003.(2) In these Regulations–The Regulations specified in the Schedule to these Regulations are hereby revoked. summary criminal proceedings; petitions for the appointment of an executor to a deceased person under the Act of Sederunt (Confirmation of Executors) 1964
proceedings under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981
proceedings before the Mental Health Tribunal for Scotland; petitions by a debtor for the sequestration of that debtor’s estate under section 5(2) (a) of the Bankruptcy (Scotland) Act 1985
disciplinary proceedings before a governor in relation to a prisoner, where the prisoner has been permitted by the governor to be legally represented; proceedings in Parole Board cases; applications under section 42 of the Road Traffic Offenders Act 1988
proceedings under section 66(6) of the Criminal Justice and Public Order Act 1994
pay a fine or other sum; or obey an order of the court; applications, by someone other than the accused, under section 31(6) of the Criminal Law (Consolidation) (Scotland) Act 1995
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proceedings before an employment tribunal; proceedings in connection with an application for a warrant of further detention, or for an extension of such a warrant, made to the sheriff under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000
an application under section 11 of the Counter-Terrorism and Security Act 2015 (review of decisions relating to temporary exclusion orders) ; or an application under paragraph 8 of Schedule 1 to that Act (seizure of passports paragraph 12 or paragraph 59 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001
section 10(2F) of the Prisoners and Criminal Proceedings (Scotland) Act 1993
proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . applications under section 57 or 58 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 in relation to the variation or termination of a football banning order made under section 51 of that Act any claim made to applications under sections 2(2) , 3(3) (b) , 4(3) (b) , 11(3) and 12(3) of the Double Jeopardy (Scotland) Act 2011 recovery proceedings against a decision taken under regulations made by the Scottish Ministers under paragraph 1(1) of schedule 19 of the Coronavirus Act 2020 to impose a special restriction or requirement on or in relation to a person; or under paragraph 38 of schedule 21 of the Coronavirus Act 2020 in relation to a requirement or restriction imposed by a public health officer under paragraph 35 of that schedule appeal proceedings under section 8 of the 2018 Act the circumstances set out in section 28C(1) and (2) of the Act;a children’s hearing under the 2011 Act other than in the circumstances set out in section 28C(1) and (2) of that Act;a pre-hearing panel meeting at which a determination under section 81 of the 2011 Act is to be made as regards an individual to whom section 79(2) (a) (i) of the 2011 Act refers;a pre-hearing panel meeting at which a determination under section 81A of the 2011 Act is to be made as regards an individual to whom section 79(5A) (a) (i) of the 2011 Act refers;an application to the sheriff as regards that child for a child assessment order under section 35 of the 2011 Act or a child protection order under section 38 of the 2011 Act;the circumstances set out in F108section 28C(1) (a) -(d) and (2) (a) -(c) of the Act;a children’s hearing under the Act other than in the circumstances set out in F109section 28C(1) (a) -(d) and (2) (a) -(c) of that Act;a pre-hearing panel meeting at which a determination under section 81 of the 2011 Act is to be made as regards an individual to whom section 79(2) (a) (i) of the 2011 Act refers;a pre-hearing panel meeting at which a determination under section 81A of the 2011 Act is to be made as regards an individual to whom section 79(5A) (a) (i) of the 2011 Act refers;an application to the sheriff for a child assessment order under section 35 of the 2011 Act or a child protection order under section 38 of the 2011 Act;an individual to whom section 126 of the 2011 Act refers, in respect of any hearing under that section which relates to that individual;an individual to whom section 79(2) (a) (i) of the 2011 Act refers, in respect of a pre-hearing panel meeting or children’s hearing at which a determination under section 81 of the 2011 Act is to be made as regards that individual.(2) The assistance by way of representation described in paragraphs (1) (a) (i) and (iv) is available without reference to the financial limits under section 8 of the Act (availability of advice and assistance) .(3) The assistance by way of representation described in paragraph (1) (b) (i) and (iv) is to be provided under Part II of the Act only if the solicitor to whom the application has been made is satisfied that legal representation is required to allow the relevant person to participate effectively.(1) Any reference in this regulation to a numbered section, paragraph or Schedule is to a section, paragraph or Schedule bearing that number in the 1995 Act.under section 229A or 232 in relation to a probation progress review, or, as the case may be, failure to comply with the requirements of a probation order;under section 233 under section 239(4) to (6) in relation to failure to comply with the requirements of a community service order;
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