The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 1993

Contents

1Citation and commencement#

These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 1993 and shall come into force on 10th January 1994.

2Interpretation#

In these Regulations “the principal Regulations” means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988.

3Amendment of the principal Regulations#

In regulation 2 of the principal Regulations at the end after the definition of “the 1975 Act” there shall be inserted–“• “the chairman of a tribunal”, in relation to a Parole Board case, has the same meaning as in Rule 2(1) of the Parole Board (Scotland) Rules 1993;• “disciplinary proceedings”, in relation to a prisoner, means proceedings before a governor held in pursuance of rules 40, 42 and 43 of the Prison (Scotland) Rules 1952 or rules 39, 41 and 42 of the Young Offenders (Scotland) Rules 1965 in respect of an offence against discipline which the prisoner is alleged to have committed;• “governor” means the person who is appointed by the Secretary of State under section 3(1) of the Prisons (Scotland) Act 1989 as the governor of a prison and includes any officer appointed to act for the governor in relation to disciplinary proceedings;• “Parole Board case” means a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 1993 applies;• “prison” has the same meaning as in section 43(1) of the Prisons (Scotland) Act 1989 and also includes a young offenders institution;• “prisoner”(a) in relation to disciplinary proceedings, has the same meaning as in section 43(1) of the Prisons (Scotland) Act 1989 and also includes a person serving a sentence of detention in a young offenders institution, and(b) in relation to a Parole Board case, has the same meaning as in Rule 2(1) of the Parole Board (Scotland) Rules 1993;• “tribunal” in relation to a Parole Board case, means a tribunal formed under Rule 18 of the Parole Board (Scotland) Rules 1993, and includes a preliminary hearing before the chairman of a tribunal under Rule 19 of those Rules;• “young offenders institution” has the same meaning as in section 19(1) of the Prisons (Scotland) Act 1989.”

4Amendment of the principal Regulations#

In Regulation 3 of the principal Regulations–

(a)at the end of paragraph (c), the word “and” shall be deleted; and

(b)at the end of paragraph (d), the full stop shall be deleted and there shall be inserted–“;e disciplinary proceedings before a governor in relation to a prisoner, where the prisoner has been permitted by the governor to be legally represented; andf proceedings in Parole Board cases.”

5Amendment of the principal Regulations#

In Regulation 4 of the principal Regulations after paragraph (3) there shall be inserted–“4 The assistance by way of representation which may be provided under Part II of the Act in relation to disciplinary proceedings shall be for representation of the prisoner at all stages of the proceedings before the governor.5 The assistance by way of representation which may be provided under Part II of the Act in relation to a Parole Board case shall be for representation of the prisoner at all stages of the proceedings before a tribunal relating to that case.”

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

Defined terms · 5

Show every defined term

governor
means the person who is appointed by the Secretary of State under section 3(1) of the Prisons (Scotland) Act 1989 as the governor of a prison and includes any officer appointed to act for the governor in relation to disciplinary proceedings;
Parole Board case
means a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 1993 applies;
prison
has the same meaning as in section 43(1) of the Prisons (Scotland) Act 1989 and also includes a young offenders institution;
the principal Regulations
means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1988.
young offenders institution
has the same meaning as in section 19(1) of the Prisons (Scotland) Act 1989.”

The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment (No. 2) Regulations 1993

1Citation and commencement#

2Interpretation#

3Amendment of the principal Regulations#

4Amendment of the principal Regulations#

5Amendment of the principal Regulations#

Defined terms · 5

Key facts

History · 1 version

Connections

1Citation and commencement#

2Interpretation#

3Amendment of the principal Regulations#

4Amendment of the principal Regulations#

5Amendment of the principal Regulations#