(This note is not part of the Regulations)
These Regulations amend the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the 1999 Regulations”) to provide that in certain circumstances, and subject to certain conditions, the Scottish Legal Aid Board (“the Board”) may determine that a solicitor shall not receive fixed payments but shall instead receive payment based on the amount of time spent and work done in providing summary criminal legal aid.
The Regulations prescribe the factors to be taken into account by the Board in deciding whether to determine that a solicitor should not receive fixed payments; make provision in relation to the form of application for a determination by the Board; require solicitors to keep proper records of professional services and provide for a procedure for review of the Board’s decision. The regulations also provide that, where there has been a change of solicitor in the course of proceedings, any solicitor who represented an assisted person at any time before that change shall, in certain circumstances and subject to certain conditions, receive payment based on the amount of time spent and work done (regulation 3).
These Regulations also amend the 1999 Regulations to provide for a fixed payment of £50 in respect of work done in connection with appeals under section 201(4) of the Criminal Procedure (Scotland) Act 1995 against the refusal of bail, or against bail conditions imposed (regulation 4).