- Scottish Statutory Instrument 2002 No. 254
The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2002
© Crown Copyright 2002
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2002, ISBN 0 11061443 7. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 24th May 2002 | ||
| Laid before the Scottish Parliament | 28th May 2002 | ||
| Coming into force | 1st July 2002 |
The Scottish Ministers, in exercise of the powers conferred by section 36(1), (2)(h) and (3)(bb) of the Legal Aid (Scotland) Act 1986[1] 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 Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2002 and shall come into force on 1st July 2002.
Amendment of the Civil Legal Aid (Scotland) Regulations 1996
2. At the end of regulation 14A(2) of the Civil Legal Aid (Scotland) Regulations 1996[2] there is inserted-
-
"
(l) a decision as to the medical treatment of an adult is appealed to the Court of Session under section 50(3) of the 2000 Act;
(m) an application for a determination is made to the Court of Session under section 50(6) of the 2000 Act; and
(n) any decision as to the medical treatment of an adult is appealed to the sheriff or to the Court of Session under section 52 of the 2000 Act.".
JAMES WALLACE
A member of the Scottish Executive
St Andrew's House, Edinburgh
24th May 2002
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Scotland) Regulations 1996 so as to add certain proceedings under Part 5 (medical treatment and research) of the Adults with Incapacity (Scotland) Act 2000 (asp 4) to the list of proceedings in regulation 14A of those Regulations. The availability of civil legal aid for the proceedings listed in that regulation is based on the resources of the incapable adult, not the applicant, where the applicant is a person having an interest in the personal welfare of that adult.
Notes:
[1] 1986 c.47; section 36(3)(bb) was inserted by the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 19. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back
[2] S.I. 1996/2444, as amended by S.I. 1997/727, 1998/725 and 1999/1042 and S.S.I. 2000/182, 2001/82 and 2002/88. Regulation 14A was inserted by S.S.I. 2001/82 and amended by S.S.I. 2002/88.back
ISBN 0 11061443 7