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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Scottish Statutory Instrument 2001 No. 2 URL: http://www.bailii.org/scot/legis/num_reg/2001/20010002.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 9(1), (2)(a), (c) and (d) and 37(1) of the Legal Aid (Scotland) Act 1986[1] and of all other powers enabling them in that behalf, hereby make the following Regulations, a draft of which has, in accordance with section 37(2) of that Act, been laid before and approved by resolution of the Scottish Parliament: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2001 and shall come into force on 15th January 2001. (2) In these Regulations, "the principal Regulations" means the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 1997[2]. Amendment of the principal Regulations 2. The principal Regulations shall be amended in accordance with the following regulations. 3. In regulation 1(2) (interpretation) of the principal Regulations, after the definition of "disciplinary proceedings" there shall be inserted-
4.
In regulation 3 (application of Part II of the Act to assistance by way of representation: miscellaneous proceedings) of the principal Regulations, at the end of paragraph (k)[4], the full stop shall be omitted and there shall be inserted-
(l) proceedings before an employment tribunal.".
5.
In regulation 13 (assistance by way of representation requiring approval of the Board) of the principal Regulations-
(b) in paragraph (1), after "3(j)" there shall be inserted ", 3(l)"; and (c) after paragraph (1), there shall be inserted-
(b) it is reasonable in the particular circumstances of the case that assistance by way of representation be made available; and (c) the case is too complex to allow the applicant to present it to a minimum standard of effectiveness in person.
(3) The factors to be taken into account by the Board in determining whether paragraph (2)(c) above applies shall include-
(b) the applicant may be unable to understand the proceedings or to state his own case because of his age, inadequate knowledge of English, mental illness, other mental or physical disability, or otherwise;".
[2] S.I. 1997/3070, as amended by S.I. 1998/972, S.I. 1999/214, and S.S.I. 2000/109.back [3] 1996 c.17. Section 1 of the Employment Rights (Dispute Resolution) Act 1998 (c.8) provides that the Industrial Tribunals Act 1996 may be cited as the Employment Tribunals Act 1996, and substitutes the term "industrial tribunal" with "employment tribunal" wherever it occurs in any enactment.back [4] Inserted by S.S.I. 2000/109.back
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| © Crown copyright 2001 | Prepared 18 January 2001 |
