The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004

Scottish Statutory Instruments

2004 No. 281

LEGAL AID AND ADVICE

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004

Made

10th June 2004

Laid before the Scottish Parliament

10th June 2004

Coming into force

1st July 2004

The Scottish Ministers, in exercise of the powers conferred by sections 33(2)(a) and (3) and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 and shall come into force on 1st July 2004.

Application

2.  These Regulations shall apply only to fees for work done and outlays incurred in relation to any case where legal aid other than criminal legal aid is granted on or after 1st July 2004.

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

3.—(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989(2) are amended in accordance with the following paragraphs.

(2) The amendments contained in the Civil Legal Aid (Scotland) (Fees) Regulations 2003(3) shall apply to fees and outlays allowable to solicitors in respect of legal aid other than criminal legal aid.

(3) In regulation 5(2E) omit “or proceedings under the Children (Scotland) Act 1995(4).

(4) At the end of Schedule 7 insert–

• “proceedings arising out of Part II of the Children (Scotland) Act 1995.”.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

10th June 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Regulations”) to provide a new scheme for the payment of legal aid fees to solicitors in respect of legal aid other than criminal legal aid to which the 1989 Regulations apply. These amendments were previously introduced in respect of civil legal aid only by the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003.

These Regulations increase the fees for solicitors in respect of proceedings arising out of Part II of the Children (Scotland) Act as Schedule 5 of the 1989 Regulations will apply to such proceedings.

These Regulations only apply to fees and outlays for work done in connection with cases where legal aid other than criminal legal aid is granted on or after 1st July 2004.

(1)

1986 c. 47. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1989/1490, amended by S.I. 1990/473, 1991/565, 1994/1015 and 1233, 1995/1044, 1997/689 and 1999/1042, and S.S.I. 2002/496 and 2003/178.

(3)

S.S.I. 2003/178.

(4)

1995 c. 36.