Legal Aid And Advice Citation and commencement 1 These Regulations may be cited as the Advice and Assistance and Civil Legal Aid (Transfer of Tribunal Functions) (No. 2) (Scotland) Regulations 2010 and come into force on 9th June 2010. Application 2 Regulations 3(2) and 4(2), (3) and (5)(a) apply only in relation to proceedings in relation to which civil legal aid or assistance by way of representation was made available on or after 9th June 2010. Amendment of the Legal Aid (Scotland) Act 1986 3 1 Part I of Schedule 2 to the Legal Aid (Scotland) Act 1986 (courts and tribunals in which civil legal aid is available) is amended in accordance with paragraphs (2) to (4). 2 In paragraph 1 omit “comprising an appeal to the Child Support Commissioners”. 3 At the end of paragraph 1 insert— before the Upper Tribunal of the type described in paragraph 3 . 4 After paragraph 2 insert— Proceedings for judicial review before the Upper Tribunal 3 The proceedings before the Upper Tribunal mentioned in paragraph 1 are those arising from an application to the supervisory jurisdiction of the Court of Session that has been transferred under section 20 of the Tribunals, Courts and Enforcement Act 2007 . . Amendments to the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 4 1 The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 are amended in accordance with paragraphs (2) to (5) . 2 In regulation 1(2) (interpretation), omit the definition of “Pensions Regulator Tribunal”. 3 In regulation 3 (application of Part II of the Legal Aid (Scotland) Act 1986 to assistance by way of representation in miscellaneous proceedings) omit paragraphs (l), (q) and (s) and “; and” immediately preceding paragraph (s). 4 After regulation 5, insert— Application of Part II of the Act to assistance by way of representation: proceedings before the First-tier Tribunal and the Upper Tribunal 5A Part II of the Act shall apply to assistance by way of representation in relation to proceedings before— a the Immigration and Asylum Chamber of the First-tier Tribunal; b the Immigration and Asylum Chamber of the Upper Tribunal; c the First-tier Tribunal or the Upper Tribunal, which consist of an appeal against a penalty imposed under— i section 60 of the Value Added Tax Act 1994 ; ii section 8 of the Finance Act 1994 ; iii Schedule 24 to the Finance Act 2007 ; or iv Schedule 41 to the Finance Act 2008 ; d the Upper Tribunal, which consist of an appeal against a decision made under or by virtue of— i any of sections 1 to 5A of the Pensions Appeal Tribunal Act 1943 by a Pensions Appeal Tribunal or the First-tier Tribunal; ii section 4 of the Vaccine Damage Payments Act 1979 ; iii section 20 of the Child Support Act 1991 ; iv section 12 of the Social Security (Recovery of Benefits) Act 1997 ; v section 12 or 13 of the Social Security Act 1998 ; vi paragraph 6 or 7 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 ; vii section 39 of, or paragraph 3 of Schedule 2 to, the Tax Credits Act 2002 ; viii section 158 of the Health and Social Care (Community Health and Standards) Act 2003 ; ix section 23 of the Child Trust Funds Act 2004 ; or x section 50 of the Child Maintenance and Other Payments Act 2008 ; and e the First-tier Tribunal or the Upper Tribunal, which consist of an appeal against a decision of the Pensions Regulator. 5B 1 Assistance by way of representation in relation to proceedings described in regulation 5A(a) shall be provided only where the solicitor to whom application has been made is satisfied that the tribunal deciding the case will do so sitting in Scotland. 2 Assistance by way of representation in relation to proceedings described in regulation 5A(b) shall be provided only where— a the solicitor to whom application has been made is satisfied that the tribunal deciding the case will do so sitting in Scotland; and b either— i the First-tier Tribunal has given permission to appeal to the Upper Tribunal; or ii the solicitor is satisfied as to the matters set out in regulation 13(2)(a), (b) and (taking into account the factors set out in regulation 13(3)) (c). . 5 In regulation 13 (which specifies proceedings in relation to which the Scottish Legal Aid Board’s approval is a pre-condition to the provision of assistance by way of representation)— a in paragraph (1), for “(q) and 5” substitute “5 and 5A(c) to (e)”; b in paragraph (4)— i for “3(q) and (s)” substitute “5A(c) and (e)”; and ii after “satisfied that” insert “the tribunal deciding the case will do so sitting in Scotland and”; and c after paragraph (5) insert— 6 The Board shall only approve the provision of assistance by way of representation in relation to the proceedings described in regulation 5A(d) where it is satisfied— a that the tribunal deciding the case will do so sitting in Scotland; and b as to the matters set out in paragraph (2)(a) to (c). . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 8th June 2010