The Criminal Legal Aid (Scotland) Amendment Regulations 2002

Made: 25th September 2002

Laid before the Scottish Parliament: 27th September 2002

Coming into force: 1st November 2002

The Scottish Ministers, in exercise of the powers conferred by section 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986[^f00001] 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 Criminal Legal Aid (Scotland) Amendment Regulations 2002 and shall come into force on 1st November 2002.

Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

2

At the end of regulation 18 of the Criminal Legal Aid (Scotland) Regulations 1996[^f00002] there is inserted–

(3) This regulation shall not apply where criminal legal aid is made available by virtue of section 22(1)(dd)[^f00003] of the Act (automatic availability of legal aid where solicitor is appointed by court for person accused of sexual offence).

Signed

R. J. SIMPSON — Authorised to sign by the Scottish Ministers — 25th September 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) Regulations 1996 to provide that the duty of the Scottish Legal Aid Board to cease to make criminal legal aid available in specified circumstances shall not apply in cases where such legal aid is made available to a solicitor appointed by the court to act for a person accused of a sexual offence.

Footnotes

[^f00001]: 1986 c. 47. 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).

[^f00002]: S.I. 1996/2555, as amended by S.I. 1999/1042 and S.S.I. 2001/306.

[^f00003]: Section 22(1)(dd) of the Legal Aid (Scotland) Act 1986 (c. 47) was inserted by the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), section 2(2).