The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022

Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

4.—(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) after the entry for “counsel” insert—

““court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the 1995 Act;”,

(b) after the entry for “High Court” insert—

““holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014(2);”.

(3) In regulation 5(1) (fees allowance to solicitors: identification parades)(3)—

(a) in sub-paragraph (a)(i), for “£123.30” substitute “£129.47”,

(b) in sub-paragraph (a)(ii), for “£13.72” substitute “£14.41”,

(c) in sub-paragraph (b)(i), for “£101.46” substitute “£106.54”,

(d) in sub-paragraph (b)(ii), for “£12.79” substitute “£13.43”.

(4) In regulation 6 (duty solicitors’ fees)(4)—

(a) for “£68.14” in each place where it appears substitute “£71.55”,

(b) for “£9.74” in each place where it appears substitute “£10.23”,

(c) for “£75.71” in each place where it appears substitute “£79.50”,

(d) after paragraph (2) insert—

“(2A) Where a duty solicitor at a holiday court sitting acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint—

(a) there shall be allowed to that solicitor, in addition to any fees under paragraph (1) and as may be under paragraph (2), a supplementary fee of £80.00 for appearing in relation to that case on that day, and

(b) such supplementary fee shall not be taken into account for the purposes of any maximum total fee under paragraph (1) or in the calculation of any additional fee under paragraph (2).”.

(5) In schedule 1 (fees of solicitors) in the Notes on the operation of schedule 1 in paragraph 7(1)(5), for “£13.72” substitute “£14.41”.

(6) In schedule 1 (fees of solicitors) in the table of fees, for Part 1 (detailed fees) and Part 2 (inclusive fees for solemn first instance proceedings) substitute the tables of fees in schedule 8 of these Regulations.

(7) In schedule 2 (fees of counsel), for the table of fees substitute the table of fees in schedule 9 of these Regulations.

(8) In schedule 3 (fees of counsel for proceedings in the supreme court), for the table of fees substitute the table of fees in schedule 10 of these Regulations.

(1)

S.I. 1989/1491; relevant amending instruments are S.I. 1991/566, S.I. 1992/374, S.S.I. 2004/264, S.S.I. 2005/113, S.S.I. 2005/584, S.S.I. 2005/656, S.S.I. 2007/180, S.S.I. 2008/240, S.S.I. 2009/312, S.S.I. 2010/63, S.S.I. 2010/212, S.S.I. 2011/41, S.S.I. 2011/135, S.S.I. 2012/276, S.I. 2013/7, S.S.I. 2013/250, S.S.I. 2013/320, S.S.I. 2015/337 and S.S.I. 2017/466, S.S.I. 2019/78, S.S.I. 2020/191 and S.S.I. 2021/56.

(2)

2014 asp 18.

(3)

Regulation 5 substituted by S.S.I. 2010/212 and amended by S.S.I. 2021/56.

(4)

Figures in regulation 6 substituted by S.S.I. 2021/56.

(5)

Figure in paragraph 7 substituted by S.S.I. 2021/56.