Statutory Instruments
1996 No. 2550 (S.199)

LEGAL AID AND ADVICE, SCOTLAND
The Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 1996

Made
3rd October 1996

Laid before Parliament
11th October 1996

Coming into force
1st November 1996

The Secretary of State, in exercise of the powers conferred on him by section 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Legal Aid in Contempt of Court Proceedings (Scotland) Amendment Regulations 1996 and shall come into force on 1st November 1996.

(2) In these Regulations “the principal Regulations” means the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992(2).

Application

2.  The amendments made to the principal Regulations by regulation 4 of these Regulations shall apply only to work done on or after 1st November 1996.

Amendment of the principal Regulations

3.  In the definition of “legal representative” in regulation 2 of the principal Regulations, before the words “curator bonis” there shall be inserted the words “person having parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995(3) or a”.

4.  After regulation 7 of the principal Regulations there shall be inserted–

“Prior approval of the Board for work of an unusual nature or likely to involve unusually large expenditure

7A.  The prior approval of the Board shall be required for work of an unusual nature or likely to involve unusually large expenditure.”.

James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
3rd October 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 by–
(a)amending the definition of “legal representative”, in consequence of the Children (Scotland) Act 1995, to include a person having parental responsibilities in relation to a child (regulation 3); and
(b)requiring the prior approval of the Scottish Legal Aid Board for work of an unusual nature or likely to involve unusually large expenditure (regulation 4). By virtue of regulation 2 this amendment will apply only to work done on or after 1st November 1996.


(1)
1986 c. 47.

(2)
S.I. 1992/1227 as amended by 1994/1016 and 1995/2319.

(3)
1995 c. 36.