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

Made10th June 2004

Laid before the Scottish Parliament10th June 2004

Coming into force1st 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 19861, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

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

Application2

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 19893

1

The Civil Legal Aid (Scotland) (Fees) Regulations 19892 are amended in accordance with the following paragraphs.

2

The amendments contained in the Civil Legal Aid (Scotland) (Fees) Regulations 20033 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 19954.

4

At the end of Schedule 7 insert–

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

HUGH HENRYAuthorised to sign by the Scottish MinistersSt Andrew’s House, Edinburgh10th June 2004

(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.