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Scottish Statutory Instruments

2006 No.233

LEGAL AID AND ADVICE

The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2006

Made

2nd May 2006

Laid before the Scottish Parliament

3rd May 2006

Coming into force

12th June 2006

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(b) and (3)(a), (b) and (f) 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 Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2006 and shall come into force on 12th June 2006.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

2.—(1) The Advice and Assistance (Scotland) Regulations 1996(2) shall be amended in accordance with the following paragraph.

(2) In Schedule 3 (Table of Fees Allowable to Solicitors) at sub-paragraph (a) of paragraph 1 of Part I–—at the end of head (iv), omit “and”; and

(a)at the end, insert—

and

(iv)any diet in a sheriff court which has been designated as a summary justice pilot court by the sheriff principal at which there is tendered a plea of not guilty;

£44.40

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd May 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Advice and Assistance (Scotland) Regulations 1996 so as to provide a fee for solicitors for work done in criminal matters where assistance by way of representation has been given. A fee of £44.40 is provided for assistance by way of representation given in respect of attending at, and all work prior to, any diet in a sheriff court which has been designated a summary justice pilot court by the sheriff principal at which there is tendered a plea of not guilty.

(1)

1986 c. 47. Section 33 was amended for purposes not relevant to these Regulations. 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. 1996/2447, as relevantly amended by S.I. 1997/726 and S.S.I. 2005/171.