The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021

Contents

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 and come into force on 8th November 2021.

(2)In these Regulations, “the 1986 Act” means the Legal Aid (Scotland) Act 1986.

2Amendment of the Legal Aid (Scotland) Act 1986#

(1)The 1986 Act is amended in accordance with paragraphs (2) and (3).

(2)In section 28C (circumstances where children’s legal aid automatically available)—

(a)at the end of subsection (1)(c) omit “or”,

(b)in subsection (1), after paragraph (d) insert—“e an application in relation to a child is made under section 34 (application for order authorising search in relation to child under 12), 42 (application for child interview order) or 61 (application for order authorising taking of prints and samples from child) of the 2019 Act, orf an order is made in relation to a child under section 36 (search in relation to child under 12), 44 (child interview) or 63 (taking of prints and samples from child) of the 2019 Act”

(c)at the end of subsection (2)(b) omit “and”, and

(d)after (2)(c) insert—“d representations in respect of an application mentioned in subsection (1)(e), ande proceedings before the sheriff under section 38 (appeal against decision under section 36), 46 (appeal against decision under section 44) or 67 (appeal against decision under section 63) of the 2019 Act in respect of permission to appeal a decision and, where such permission is given, proceedings before the Sheriff Appeal Court in respect of such an appeal”

(3)In section 41 (interpretation)—

(a)after the definition of “the 2011 Act” insert—“• “the 2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019(asp7),”

(b)in the definition of “children’s legal assistance” insert at the end—“• or in relation to proceedings under Part 4 of the 2019 Act”

3Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989#

(1)The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended in accordance with paragraph (2).

(2)In schedule 7 (Sheriff Court proceedings for which fees for work done shall only be payable under schedule 5), after the entry relating to proceedings under the 2011 Act insert—“proceedings under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, other than those subject to regulation 3(7) of these Regulations”

4Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#

In regulation 3(c) (financial limit) of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 after sub-paragraph (xvi) insert—“xvii where the advice by way of representation relates to proceedings under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, the sum of £500”

5Amendment of the Advice and Assistance (Scotland) Regulations 1996#

(1)The Advice and Assistance (Scotland) Regulations 1996 ^note are amended in accordance with paragraphs (2) and (3).

(2)In regulation 2(1) (interpretation)—

(a)for the definition of “child” substitute—“• “child” means a person under the age of 16 years, except in relation to—(a) any hearings or proceedings under the 2011 Act, where “child” has the meaning in section 199 of that Act, or(b) proceedings under Chapter 3 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, where “child” has the meaning in section 39(3) of that Act,”

(3)In paragraph 1 of the Table of Fees in Part 1 of schedule 3 (table of fees allowable to solicitors for assistance by way of representation) after “Children’s Hearings (Scotland) Act 2011” insert “or Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019”.

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#

(1)The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 are amended in accordance with paragraphs (2) and (3).

(2)The heading of regulation 3A becomes “Application of Part II of the Act to assistance by way of representation: hearings or proceedings under the Children’s Hearings (Scotland) Act 2011 and proceedings under the Age of Criminal Responsibility (Scotland) Act 2019”

(3)In regulation 3A(1)(b)(i) and (ii) for “section 28C(1) and (2)” substitute “section 28C(1)(a)-(d) and (2)(a)-(c)”.

7Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#

(1)The Children’s Legal Assistance (Scotland) Regulations 2013 are amended in accordance with paragraphs (2) to (5).

(2)In regulation 2(1) (interpretation)—

(a)after the definition of “the 2011 Act” insert—“• “the 2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019,”

(b)for the definition of “child” substitute—“• “child”—(a) in relation to proceedings under the 2011 Act has the meaning given in section 199 of that Act,(b) in relation to proceedings under the 2019 Act has the meaning given in section 80 of that Act,”

(c)after the definition of “children’s hearing”, insert—“• “interested person”, in relation to proceedings relating to an application for an order under section 34 (application for order authorising search in relation to child under 12), 42 (application for child interview order) or 61 (application for order authorising taking of prints and samples from child) of the 2019 Act means any other person the sheriff considers to have an interest in the application,• “parent”, in respect of proceedings under Part 4 of the 2019 Act has the meaning given in section 76 of that Act,”

(3)In regulation 5 (children’s legal aid: individual), for paragraph (1) substitute—“1 Children’s legal aid is available to—a an individual to whom section 126 of the 2011 Act refers in respect of any proceedings before a sheriff, sheriff principal or in the Sheriff Appeal Court or the Court of Session in connection with a hearing under that section, where the conditions in paragraph (2) are met,b an individual who is a parent or interested person in respect of proceedings under Part 4 of the 2019 Act, where the conditions in paragraph (2)(c) are met.”

(4)In regulation 6 (distinct proceedings)—

(a)in paragraph (1) after “regulation” insert “, except where otherwise specified,”,

(b)after paragraph (3) insert—“4 For the purposes of children’s legal aid each of the following (or one or more parts of them) is to be treated as a single set of proceedings—a proceedings relating to an application under section 34 of the 2019 Act for an order authorising a search in relation to a child under 12 years of age, an application to appeal to the Sheriff Appeal Court against a decision taken by a sheriff under section 36 of the 2019 Act in respect of that application, and where permission is given the proceedings relating to such an appeal,b proceedings relating to an application under section 42 of the 2019 Act for a child interview order, an application to appeal to the Sheriff Appeal Court against a decision taken by a sheriff under section 44 of the 2019 Act in respect of that application, and where permission is given the proceedings relating to such an appeal,c proceedings relating to an application under section 61 of the 2019 Act for an order authorising the taking of prints and samples from a child, an application to appeal to the Sheriff Appeal Court against a decision taken by a sheriff under section 63 of the 2019 Act in respect of that application, and where permission is given the proceedings relating to such an appeal.”

(5)In regulation 18 (matters of special urgency),

(a)for paragraph (1) substitute—“1 The Board may make children’s legal aid available for specially urgent work undertaken before an application for children’s legal aid is determined, if it appears to the Board that it is reasonable in the particular circumstances of the case that the applicant should receive children’s legal aid, in either of the following circumstances—a where the application is made by a parent or interested person in relation to proceedings under Part 4 of the 2019 Act and any of the steps specified in paragraph (1A) has required to be taken as a matter of special urgency to protect the applicant’s position, orb in any other circumstances the Board is satisfied on application that participation in proceedings is required as a matter of special urgency to protect the applicant’s position.”

(b)after paragraph (1) insert—“1A The steps referred to in paragraph (1)(a) are—a such steps as may be appropriate to intimate an intention to make representations in respect of an application for an order,b such steps as may be appropriate to make representations in respect of an application for an order,c moving to prorogate the time for compliance with any order or rule in relation to the proceedings,d moving for permission to appeal a decision,e such steps as may be appropriate to initiate an appeal of a decision in relation to an order, andf conducting an appeal of a decision in relation to an order.”

(c)in paragraphs (2) and (3) in all the places where “paragraph (1)” appears substitute “paragraph (1)(b)”.

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 3

Show every defined term

child
means a person under the age of 16 years, except in relation to— (a) any hearings or proceedings under the 2011 Act, where “child” has the meaning in section 199 of that Act, or (b) proceedings under Chapter 3 of Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, where “child” has the meaning in section 39(3) of that Act,”
the 1986 Act
means the Legal Aid (Scotland) Act 1986.
the 2019 Act
means the Age of Criminal Responsibility (Scotland) Act 2019(asp7),”

The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021

1Citation, commencement and interpretation#

2Amendment of the Legal Aid (Scotland) Act 1986#

3Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989#

4Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#

5Amendment of the Advice and Assistance (Scotland) Regulations 1996#

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#

7Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#

Defined terms · 3

Key facts

History · 1 version

Connections

1Citation, commencement and interpretation#

2Amendment of the Legal Aid (Scotland) Act 1986#

3Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989#

4Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#

5Amendment of the Advice and Assistance (Scotland) Regulations 1996#

6Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#

7Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#