The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 1998

• Citation: S.I. 1998/972
• Sections: 3

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 1998 and shall come into force on 6th April 1998.

(2) In these Regulations, “the principal Regulations ” means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997 .

Section 2 Amendment of principal Regulations

In regulation 1 (citation, commencement and interpretation) of the principal Regulations–

(a) in the definition of “disciplinary proceedings” for the words “rules 94, 97 and 99 of and Schedule 3 to” there shall be substituted the words “rules 97 and 98 of”;

(b) for the definition of “governor” there shall be substituted the following–

“governor” means any of the following persons:–

the person who is appointed by the Secretary of State under section 3(1) of the Prisons (Scotland) Act 1989 as the Governor-in-Charge of a prison;

the officer who is the Deputy Governor of a prison;

any officer who is appointed to manage a function or group of functions within the prison and is known as a Unit Manager and who has been authorised to adjudicate disciplinary proceedings; and

where there is no officer as mentioned in sub paragraphs (a) to (c) above present for the time being in the prison, the most senior officer who is present in the prison at that time.

Section 3 Amendment of principal Regulations

In regulation 4 (Application of Part II of the Act to assistance by way of representation: proceedings under the 1995 Act) of the principal Regulations, at the end of paragraph (f), the full stop shall be deleted and there shall be inserted–

;

(g) under section 234A(6) in relation to revocation or variation of a non-harassment order.