These Regulations shall apply only in relation to any case where an application for criminal legal aid is made on or after 5th October 2005.
3Amendment of the Criminal Legal Aid (Scotland) Regulations 1996#
The Criminal Legal Aid (Scotland) Regulations 1996 are amended in accordance with the following regulations.
4Amendment of the Criminal Legal Aid (Scotland) Regulations 1996#
In regulation 2(1) (Interpretation)–
(i)in the definition of “legal representative” for “curator bonis, tutor, judicial factor or guardian” substitute “judicial factor or a person authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000 or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(ii)after the definition of “legal representative” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”.
5Amendment of the Criminal Legal Aid (Scotland) Regulations 1996#
In regulation 8(1)(a) (Applications for criminal legal aid in summary proceedings), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
6Amendment of the Criminal Legal Aid (Scotland) Regulations 1996#
In regulation 12(1)(b) (Applications for review), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
7Amendment of the Criminal Legal Aid (Scotland) Regulations 1996#
In regulation 13(1)(a) (Legal aid for criminal appeals) for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
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