The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 and shall come into force on 1st October 2003.

Application

2.  These Regulations shall apply only to fees for work done and outlays incurred in relation to any case where civil legal aid is granted on or after 1st October 2003, except regulation 4, which shall apply to fees for work done and outlays incurred on or after 1st October 2003.

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

3.  The Civil Legal Aid (Scotland) (Fees) Regulations 1989(1) are amended in accordance with the following regulations.

4.  In regulation 4, for the words from “a solicitor” to the end substitute–

• “a solicitor shall be allowed such amount of fees and outlays as shall be determined by the Board to be reasonable remuneration for work actually, necessarily and reasonably done and outlays actually, necessarily and reasonably incurred, for conducting the proceedings in a proper manner, as between solicitor and client, third party paying”.

5.  For regulation 5(1) and (2) substitute –

“(1) A solicitor’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 5.

(2) A solicitor’s fees in relation to proceedings in the sheriff court–

(a) shall, subject to sub-paragraphs (b) and (c), be calculated in accordance with chapters I and II of Schedule 6;

(b) which are listed in Schedule 7 shall be calculated in accordance with Schedule 5; and

(c) which consist of a summary cause or executry business shall be calculated in accordance with chapter III or IV respectively of Schedule 2.

(2A) For the purpose of calculating the fees set out in Schedule 6, a unit has the value of £19.

(2B) Where a solicitor does work which comes within chapter I of Schedule 6 (undefended cases) and, in the same case, does work which comes within chapter II of that Schedule (defended cases) the fee for all work in that case shall be calculated on the basis of the fees set out in chapter II of that Schedule.

(2C) Subject to paragraph (2D), the Board may at its discretion allow a fee additional to the fees prescribed in chapter II of Schedule 6 where it is satisfied that any of the circumstances prescribed in chapter III of that Schedule exist, and have a significant effect on the conduct of the case.

(2D) The additional fee allowable in accordance with paragraph (2C) shall be 10 per cent of the fee authorised by chapter II of Schedule 6 in respect of each of the circumstances specified in chapter III of that Schedule, up to a maximum in any case of 40 per cent of that fee.

(2E) Fees for sequestration in bankruptcy (other than summary sequestrations) or proceedings under the Children (Scotland) Act 1995(2) shall be chargeable only on the basis of Schedule 3 and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of the fees in that Schedule.”.

6.  In regulation 5(3), for “Schedule 3” substitute “Schedule 5”.

7.  In regulation 5(4)–

(a) for “Schedules 1 or 3” substitute “Schedule 5 and not exceeding 50 per cent of those fees”; and

(b) omit “in a cause on the Ordinary Roll, not exceeding 50 per cent, and”.

8.  In regulation 5(6), for “Schedules 1 or 2” substitute “Schedules 1, 2 or 6”.

9.  In regulation 6, for “Schedule 3” substitute “Schedule 5 or 6”.

10.—(1) Subject to paragraph (2), regulation 11 is amended as follows:–

(a) for paragraph (2) substitute–

“(2) When assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any payment, or payments, made to account under advice and assistance in relation to the same matter and, where the work in respect of which such payment, or payments, is made might reasonably have been carried out under legal aid, it may reduce the amount of the fee payable accordingly.”; and

(b) omit paragraphs (3) and (4).

(2) Regulation 11 is amended by paragraph (1) only insofar as it relates to payments to solicitors.

11.  At the end insert the Schedules set out in the Schedule to these Regulations.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

11th March 2003