
1 
These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2005 and shall come into force on 5th October 2005.
2 
These Regulations shall apply only in relation to any case where an application for civil legal aid is made on or after 5th October 2005.
3 
The Civil Legal Aid (Scotland) Regulations 2002 are amended in accordance with the following regulations.
4 
In regulation 2(1) (Interpretation)–
(a) in the definition of “legal representative” at the end insert “or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(b) after the definition of “parental rights” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”.
5 
In regulation 5(1)(a)(iii) (Form of application) for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
6 
In regulation 14 (Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity), in paragraphs (1) and (2) after “official capacity” insert “or is a named person by virtue of any of sections 250 to 254 and 257 of the Mental Health (Care and Treatment) (Scotland) Act 2003”.
CATHY JAMIESON
A member of the Scottish Executive
St Andrew’s House, Edinburgh
13th September 2005