- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Advice and Assistance (Assistance by Way of Representation) (Scotland) Amendment Regulations 2015 No. 13
(This note is not part of the Regulations)
These Regulations amend the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003 (“the principal Regulations”) in consequence of amendments made to the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) by Part 16 (children’s hearings) of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).
The principal Regulations provide for Assistance By Way of Representation (“ABWOR”) to be available in relation to the determination, at a pre-hearing panel meeting or at a children’s hearing, of whether a person should be deemed to be a “relevant person” under section 81 of the 2011 Act. Section 84 of the 2014 Act amends the 2011 Act to provide for a determination (under inserted section 81A) that the deeming of such a person as a “relevant person” is to end. These Regulations amend the principal Regulations to make ABWOR available at a hearing at which such a determination is to be made, on the same basis as it is available for hearings to make a determination under section 81.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Policy Note sets out a brief statement of the purpose of a Draft Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as 'Executive Notes' and accompanied Draft Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: