The Legal Aid (Scotland) Act 1986 (Availability of Solicitors) Regulations 2001

The Legal Aid (Scotland) Act 1986 (Availability of Solicitors) Regulations 2001

SSI 2001 No 464

The Scottish Ministers, in exercise of the powers conferred by sections 31(9) and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

   1.   These Regulations may be cited as the Legal Aid (Scotland) Act 1986 (Availability of Solicitors) Regulations 2001 and shall come into force on 6 February 2002.

Availability of solicitors

   2.   Where the Board arranges that a solicitor shall be available under section 31(8) of the Legal Aid (Scotland) 1986 for the purposes of providing assistance by way of representation to a person appearing in the proceedings described at regulation 3

(a)   section 31(1) of the Legal Aid (Scotland) Act 1986 shall not apply; and

(b)   assistance by way of representation shall be provided only by the solicitor so made available.

Categories of proceedings

  3.—The proceedings described for the purposes of regulation 2 are—

(a)   proceedings under section 17 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981; and

(b)   proceedings under section 5 of the Protection from Abuse (Scotland) Act 2001.