The Legal Advice and Assistance (Duty Solicitor) (Remuneration) Regulations 1989

Determination of remuneration

5.—(1) The determining officer shall consider the claim, any further particulars, information or documents submitted by the duty solicitor and any other relevant information and allow:–

(a) such time as he considers reasonable in respect of work done, including attendance and waiting, at a magistrates' court which he considers has been actually and reasonably done in accordance with a scheme; and

(b) such time as he considers was reasonably taken by a duty solicitor in travelling from his place of work (or, on a bank holiday, a Saturday or a Sunday from his place of residence) to a magistrates' court; and in returning therefrom, where that solicitor is called out to (or, on a bank holiday, a Saturday or a Sunday, attends at) the Court to act as a duty solicitor.

(2) Subject to paragraph (3), the determining officer shall allow remuneration:–

(a) in respect of (1)(a) above at such rate as is the average of the two separate basic rates provided for advocacy and for travelling and waiting respectively in paragraph 1(1)(a) of part I of Schedule 1 to the 1989 Regulations; and

(b) in respect of (1)(b) above at the same rate as the basic rate provided for travelling and waiting in paragraph 1(1)(a) of Part 1 of Schedule 1 to the 1989 Regulations;

provided that the basic rates shall be those which would apply to work done under the 1989 Regulations on the same day as the duty day in respect of which the claim is made.

(3) Remuneration allowed in accordance with paragraph (2)(a) shall be increased by 25% in respect of work done on a bank holiday, a Saturday or a Sunday.