The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003

• (2) The references to “attending upon, advising and acting” in paragraph (1) above shall include the services of the solicitor at any preliminary plea to the competency or relevancy of the complaint and at any plea in bar of trial or any mental health proof.

6B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Petitions for the appointment of an executor

Prescribed proceedings

Disciplinary proceedings

Parole Board cases

Civil proceedings where there is a risk of imprisonment

Assistance by way of representation requiring approval of the Board

Application of Part II of the Act to assistance by way of representation: proceedings under sections 19, 30 and 36(1)(a) of the Criminal Justice (Scotland) Act 2016

5A

Part II of the Act shall apply to assistance by way of representation in relation to proceedings before—

• (a) the Immigration and Asylum Chamber of the First-tier Tribunal;

• (b) the Immigration and Asylum Chamber of the Upper Tribunal;

• (c) the First-tier Tribunal or the Upper Tribunal, which consist of an appeal against a penalty imposed under—

• (i) section 60 of the Value Added Tax Act 1994;

• (ii) section 8 of the Finance Act 1994;

• (iii) Schedule 24 to the Finance Act 2007; or

• (iv) Schedule 41 to the Finance Act 2008;

• (d) the Upper Tribunal, which consist of an appeal against a decision made under or by virtue of—

• (i) any of sections 1 to 5A of the Pensions Appeal Tribunal Act 1943 by a Pensions Appeal Tribunal or the First-tier Tribunal;

• (ii) section 4 of the Vaccine Damage Payments Act 1979;

• (iii) section 20 of the Child Support Act 1991;

• (iv) section 12 of the Social Security (Recovery of Benefits) Act 1997;

• (v) section 12 or 13 of the Social Security Act 1998;

• (vi) paragraph 6 or 7 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000;

• (vii) section 39 of, or paragraph 3 of Schedule 2 to, the Tax Credits Act 2002;

• (viii) section 158 of the Health and Social Care (Community Health and Standards) Act 2003;

• (ix) section 23 of the Child Trust Funds Act 2004; ...

• (x) section 50 of the Child Maintenance and Other Payments Act 2008; ... or

• (xi) regulation 31 of the Electricity and Gas (Market Integrity and Transparency) (Enforcement etc.) Regulations 2013; and

• (e) the First-tier Tribunal or the Upper Tribunal, which consist of an appeal against a decision of the Pensions Regulator.

5B

• (1) Assistance by way of representation in relation to proceedings described in regulation 5A(a) shall be provided only where the solicitor to whom application has been made is satisfied that the tribunal deciding the case will do so sitting in Scotland.

• (2) Assistance by way of representation in relation to proceedings described in regulation 5A(b) shall be provided only where—

• (a) the solicitor to whom application has been made is satisfied that the tribunal deciding the case will do so sitting in Scotland; and

• (b) either—

• (i) the First-tier Tribunal has given permission to appeal to the Upper Tribunal; or

• (ii) the solicitor is satisfied as to the matters set out in regulation 13(2)(a), (b) and (taking into account the factors set out in regulation 13(3)) (c).

Summary criminal proceedings

Petitions for the appointment of an executor

Prescribed proceedings

Disciplinary proceedings

Parole Board cases

Civil proceedings where there is a risk of imprisonment

Assistance by way of representation requiring approval of the Board

3A

• (1) Part II of the Act applies to assistance by way of representation in relation to—

• (a) a child in respect of—

• (i) the circumstances set out in section 28C(1) and (2) of the Act;

• (ii) a children’s hearing under the 2011 Act other than in the circumstances set out in section 28C(1) and (2) of that Act;

• (iii) a pre-hearing panel at which a determination under section 81 of the 2011 Act is to be made as regards an individual to whom section 79(2)(a)(i) of the 2011 Act refers;

• (iiia) a pre-hearing panel at which a determination under section 81A of the 2011 Act is to be made as regards an individual to whom section 79(5A)(a)(i) of the 2011 Act refers;

• (iiib) an application to the sheriff as regards that child for a child assessment order under section 35 of the 2011 Act or a child protection order under section 38 of the 2011 Act;

• (b) a relevant person in respect of—

• (i) the circumstances set out in section 28C(1)(a)-(d) and (2)(a)-(c) of the Act;

• (ii) a children’s hearing under the Act other than in the circumstances set out in section 28C(1)(a)-(d) and (2)(a)-(c) of that Act;

• (iii) a pre-hearing panel at which a determination under section 81 of the 2011 Act is to be made as regards an individual to whom section 79(2)(a)(i) of the 2011 Act refers;

• (iiia) a pre-hearing panel at which a determination under section 81A of the 2011 Act is to be made as regards an individual to whom section 79(5A)(a)(i) of the 2011 Act refers;

• (iiib) an application to the sheriff for a child assessment order under section 35 of the 2011 Act or a child protection order under section 38 of the 2011 Act;

• (c) an individual to whom section 126 of the 2011 Act refers, in respect of any hearing under that section which relates to that individual;

• (d) an individual to whom section 79(2)(a)(i) of the 2011 Act refers, in respect of a pre-hearing panel or children’s hearing at which a determination under section 81 of the 2011 Act is to be made as regards that individual.

• (e) an individual who has been afforded the rights mentioned in section 79(5ZA) of the 2011 Act in relation to the children’s hearing;

• (f) an individual to whom section 79(2)(ba) of the 2011 Act refers, in respect of a pre-hearing panel or children’s hearing at which a determination under section 80 of the 2011 Act is to be made as regards that individual.

• (2) The assistance by way of representation described in paragraphs (1)(a)(i) and (iv) is available without reference to the financial limits under section 8 of the Act (availability of advice and assistance).

• (3) The assistance by way of representation described in paragraph (1)(b)(i) and (iv) is to be provided under Part II of the Act only if the solicitor to whom the application has been made is satisfied that legal representation is required to allow the relevant person to participate effectively.

Application of Part II of the Act to assistance by way of representation: proceedings under the Proceeds of Crime (Scotland) Act 1995 and the Proceeds of Crime Act 2002

Summary criminal proceedings

Petitions for the appointment of an executor

Prescribed proceedings

Disciplinary proceedings

Parole Board cases

Civil proceedings where there is a risk of imprisonment

Assistance by way of representation requiring approval of the Board

Effective participation under the Children’s Hearings (Scotland) Act 2011

14

When determining for the purposes of regulations 3A(3) or 13(3A) or (3B) whether legal representation is required to allow a person to participate effectively, the solicitor or Board (as the case may be) must take into account the following matters—

• (a) the complexity of the case, including the existence and difficulty of any points of law in issue;

• (b) the nature of the legal issues involved;

• (c) the ability of the person to consider and challenge any document or information in the hearings or proceedings without the assistance of a solicitor; and

• (d) the ability of the person to present his or her views in an effective manner without the assistance of a solicitor.

Effective participation in proceedings

4A

Part II of the Act shall apply to assistance by way of representation in relation to proceedings under sections 19, 30 and 36(1)(a) of the Criminal Justice (Scotland) Act2016.

Application of Part II of the Act to assistance by way of representation: proceedings before the First-tier Tribunal and the Upper Tribunal

Summary criminal proceedings

Petitions for the appointment of an executor

Prescribed proceedings

Disciplinary proceedings

Parole Board cases

Civil proceedings where there is a risk of imprisonment

Assistance by way of representation requiring approval of the Board

Effective participation in proceedings