At its meeting on 13 December 2022, the Equalities, Human Rights and Civil Justice Committee considered the following instrument:

• The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 [draft]

The instrument is subject to the affirmative procedure (Rule 10.6).

The draft SSI was laid before the Scottish Parliament on 14 November 2022 and referred to the Equalities, Human Rights and Civil Justice Committee.

The purpose of the instrument is to make provisions for Assistance By Way of Representation (“ABWOR”) available, subject to an effective participation test, to individuals with or seeking participation rights in Children's Hearing proceedings.

The instrument also provides for compensatory payments from the Scottish Infected Blood Support Scheme (SIBSS) and additional payments from the State for the purpose of responding to increases in the cost of living to be disregarded from financial assessment when applications are made for publicly funded legal assistance.

The Delegated Powers and Law Reform Committee (DPLR) considered the instrument at its meeting on 22 November 2022. The DPLR Committee agreed that it did not need to draw the Parliament's attention to the instrument on any grounds within its remit.

It is for the Equalities, Human Rights and Civil Justice Committee to recommend to the Parliament whether the instrument should be approved.

The Minister for Community Safety ("the Minister"), Elena Whitman MSP, has, by motion S6M-06777 proposed that the Committee recommends the approval of the instrument.

The Committee took evidence from the Minister at its meeting on 13 December 2022.

Following the evidence session, the Minister moved motion S6M-04890—That the Equalities, Human Rights and Civil Justice Committee recommends that The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 [draft] be approved.

The motion was agreed to without division or dissent.