The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1996

• Citation: S.I. 1996/1011
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1996 and shall come into force on 31st March 1996.

(2) In these Regulations, “the principal Regulations ” means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988 .

Section 2 Application

These Regulations shall apply only in relation to any case where an application for advice and assistance is made on or after 31st March 1996.

Section 3 Amendment of the principal Regulations

In regulation 3 of the principal Regulations (application of Part II of the Act to assistance by way of representation) at the end there shall be added—

(m) applications under section 91 (recall or variation of suspended forfeiture order) or 92 (property wrongly forfeited: return or compensation) of the Criminal Justice (Scotland) Act 1995 ; and

(n) appeals under section 93 of the Criminal Justice (Scotland) Act 1995 (appeal against court decision under section 91(1) or 92(2)).

Section 4 Amendment of the principal Regulations

In regulation 4 of the principal Regulations (assistance by way of representation which may be provided) in paragraph (1)(e) the words “the accused has intimated in writing his intention to change his plea to one of guilty to the prosecutor within 14 days of the diet at which the plea of not guilty was tendered, and where” shall cease to have effect.

Section 5 Amendment of the principal Regulations

In regulation 5A of the principal regulations (assistance by way of representation requiring approval of Board) after “regulation 3(k)” there shall be inserted “, (m) and (n)”.