The Legal Aid (Miscellaneous Amendment) (Scotland) Regulations 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Scotland) Act 1986 (“the 1986 Act”) and existing Regulations made under that Act.

Regulation 3 makes children’s legal aid available to qualifying persons for proceedings where a children’s hearing or a pre-hearing panel considers that it might be necessary to make a compulsory supervision order that includes a movement restriction condition (whether or not the order also includes a secure accommodation authorisation).

Regulation 3 also makes equivalent provision to make children’s legal aid automatically available to the child for the purposes set out in section 28C(2)(b) and (c) of the 1986 Act.

Regulation 4 amends the Civil Legal Aid (Scotland) (Fees) Regulations 1989 to provide that costs incurred by counsel above the specified maximum amount for accommodation and associated subsistence when required to travel for a legal aid case are chargeable outlays, where suitable accommodation and subsistence was not available within that amount, and the Scottish Legal Aid Board has given prior approval and is satisfied that the amount charged is reasonable. Regulation 4 also increases the specified maximum amount.

Regulation 5 amends the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 to make equivalent provision to regulation 4. It also adds to the existing fee tables provision for payment of fees to counsel for the drafting of written submissions where this has been ordered by the court.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.