
1 
These Regulations may be cited as the Legal Aid in Contempt of Court Proceedings (Scotland) Amendment 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 legal aid in connection with proceedings to which the provisions of section 30 of the Legal Aid (Scotland) Act 1986 apply is made on or after 5th October 2005.
3 
The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 are amended in accordance with the following regulations.
4 
In regulation 2(1) (Interpretation)–
(i) in the definition of “legal representative” for “curator bonis, judicial factor or guardian” substitute “judicial factor or a person authorised to act on an adult’s behalf under the Adults with Incapacity (Scotland) Act 2000 or on a patient’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003”; and
(ii) after the definition of “legal representative” insert ““patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;”.
5 
In regulation 4(3)(c) (Applications for legal aid), for “section 1(2) of the Mental Health (Scotland) Act 1984” substitute “section 328 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