The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005
These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 as follows:–the definition of “legal representative” is extended to include persons authorised to act on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”);the reference to the Mental Health (Scotland) Act 1984 is removed in regulation 5 where it makes provision as to the procedure for signing applications for civil legal aid where the applicant is unable to sign due to mental disorder and is substituted with a reference to the 2003 Act; anda reference to named persons, nominated and appointed in terms of the 2003 Act, is added to regulation 14 which provides for the assessment of financial resources of persons who make applications for civil legal aid in a representative, fiduciary or official capacity.