Notwithstanding regulation 4(b) above, in proceedings raised before 5th October 2005 by an assisted person who suffered for a significant period of the case from a mental disorder either within the meaning of section 1 of the Mental Health (Scotland) Act 1984 or section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, the Civil Legal Aid (Scotland) (Fees) Regulations 1989 shall continue to have effect as if the amendments made by these Regulations had not been made.
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