The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2005
These Regulations amend the Advice and Assistance (Assistance by way of Representation) (Scotland) Regulations 2003 (“the 2003 Regulations”) so as to provide that–assistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is available for proceedings before the Asylum and Immigration Tribunal. The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 creates the Asylum and Immigration Tribunal which replaces the Immigration Appellate Authority and the Immigration Appeal Tribunal on 4th April 2005; andassistance by way of representation under Part II of the Legal Aid (Scotland) Act 1986 is available for persons who, as witnesses, are brought before the court in solemn criminal proceedings, having been apprehended for deliberately and obstructively failing to appear at any diet to which they have been cited. This assistance by way of representation shall be available without reference to sections 8 and 11 of the 1986 Act which relate to financial limits on the availability of advice and assistance and payment of contributions towards advice and assistance.