The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003

1. Introductory Text

2. 1. Citation and commencement

3. 2. Application

4. 3. Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

5. 4. In regulation 4, for the words from “a solicitor” to...

6. 5. For regulation 5(1) and (2) substitute –

7. 6. In regulation 5(3), for “Schedule 3” substitute “Schedule 5”.

8. 7. In regulation 5(4)– (a) for “Schedules 1 or 3” substitute...

9. 8. In regulation 5(6), for “Schedules 1 or 2” substitute “Schedules...

10. 9. In regulation 6, for “Schedule 3” substitute “Schedule 5 or...

11. 10. (1) Subject to paragraph (2), regulation 11 is amended as...

12. 11. At the end insert the Schedules set out in the...

13. Signature

14. 1. SCHEDULE

       NEW TABLES OF FEES TO BE INSERTED INTO THE LEGAL AID (SCOTLAND) (FEES) REGULATIONS 1989

    2. SCHEDULE 6

       TABLE OF FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE SHERIFF COURT (EXCEPT SUMMARY CAUSE AND EXECUTRY PROCEEDINGS AND THE PROCEEDINGS LISTED IN SCHEDULE 7)

       1. CHAPTER I SHERIFF COURT CIVIL FEES (UNDEFENDED)

       2. CHAPTER II SHERIFF COURT CIVIL FEES (DEFENDED)

          1. Notes on the operation of chapter II

          2. 1. Notes on the operation of chapter II

          3. 2. It shall be competent for the Auditor to disallow any...

          4. 3. In the taxation of accounts where counsel is employed–

          5. 4. A fee in respect of a Minute of Amendment is...

          6. 5. The fees set out in this chapter include–

          7. 6. The fee under paragraph 1(d) is payable on each transfer...

          8. 7. A fee is payable under either paragraph 2(a) or paragraph...

          9. 8. The factors that the Auditor shall take into account in...

          10. 9. The fee under paragraph 3(a) is payable only in relation...

          11. 10. The fee payable under paragraph 3(a)(i) includes the first quarter...

          12. 11. The fee payable under paragraph 4(a) includes the notarial fee...

          13. 12. The fees under paragraph 4(b), (c), (d) and (e) are...

          14. 13. The fee under paragraph 4(e) is payable only where the...

          15. 14. The fee under paragraph 4(f) is payable only where no...

          16. 15. The fee under paragraph 5(a) is only payable once in...

          17. 16. The fee under paragraph 5(b) is payable only in respect...

          18. 17. The fee payable under paragraph 5(c) includes all continued diets...

          19. 18. Notwithstanding paragraph 5(e), the taking of an appeal to the...

          20. 19. The fee under paragraph 6 is payable on the total...

          21. 20. The fees payable under this chapter include all travel to...

          22. 21. Excess travel time, in addition to the fees payable under...

          23. 22. Travel expenses may only be incurred where travel time is...

          24. 23. Where it would be more cost effective to travel by...

          25. 24. Waiting time in a case shall only be payable in...

       3. CHAPTER III CIRCUMSTANCES IN WHICH THE BOARD MAY ALLOW A FEE ADDITIONAL TO THE FEES PRESCRIBED IN CHAPTER II

          1. 1. That the assisted person’s inadequate knowledge of English required the...

          2. 2. That the assisted person, although able to attend at the...

          3. 3. That the assisted person suffered from a physical disability which...

          4. 4. That the assisted person was, for a significant period in...

          5. 5. That the nature or circumstances of the case necessitated significant...

          6. 6. That the law in relation to the matter at issue...

    3. SCHEDULE 7

       SHERIFF COURT PROCEEDINGS FOR WHICH FEES FOR WORK DONE SHALL ONLY BE PAYABLE UNDER SCHEDULE 5

15. Explanatory Note