The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

3.—(1) Schedule 2 (fees of counsel) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989(1) is amended as follows.

(2) In the notes on the operation of schedule 2—

(a) in paragraph 3(c)—

(i) for “junior with leader” where it first, second, and third occurs substitute “junior as leader”,

(ii) for “senior junior” substitute “junior as leader”,

(b) in paragraph 16, for “1AA(c)” substitute “1AA(d)”,

(c) in paragraph 16A(1)—

(i) in head (c), for “; or” substitute “.”,

(ii) omit head (d),

(d) in paragraph 17(ab), omit “or other hearing where a prescribed fee is payable at the rate for trial, ”,

(e) in paragraph 18, for sub-paragraph (d) substitute—

“(d) no fee is payable unless counsel was required to attend and remain available at court in case the trial proceeded that day.”.

(3) In Part 1 of the Table of Fees (Fees of Counsel for Proceedings in the High Court of Justiciary), omit “Offences under the 2000 Act” where it first occurs in each of—

(a) Chapter 1 (junior counsel), paragraph 3(a) (trial per day),

(b) Chapter 2 (senior counsel), paragraph 3(a) (trial per day).

(4) In Part 3 of the Table of Fees (Fees of Counsel for Proceedings in the Sheriff and Justice of the Peace Court), omit “Offences under the 2000 Act” where it first occurs in each of—

(a) Chapter 1 (junior counsel), paragraph 2(a) (trial per day),

(b) Chapter 2 (senior counsel), paragraph 2(a) (trial per day).

(1)

S.I. 1989/1491. Relevant amending instruments are S.S.I. 2005/113, S.S.I. 2005/656, S.S.I. 2007/180, S.S.I. 2012/276 and S.S.I. 2023/178. The amendments made by S.S.I. 2023/178 come into force on 21st September 2023.