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6. In Schedule 6, Chapter III–
(a)after paragraph 5, insert–
“5A. That the assisted person or any other witness in the case is a vulnerable witness in terms of section 11 of the Vulnerable Witnesses (Scotland) Act 2004 and this has necessitated significant additional work in seeking, or opposing, or implementing a special measure for the taking of evidence from a vulnerable witness by virtue of sections 11, 12, 13 and 18(1)(a) and/or (b) of that Act(2).”;
(b)in paragraph (a) of the Note on the application of Chapter III, for “on ground” substitute “under paragraph” and delete “travelling to, or”;
(c)in paragraph (c) of the Note on the application of Chapter III, for “on ground 7” substitute “under paragraph 7”; and
(d)after paragraph (c) of the Note on the application of Chapter III, insert–
“(d)the solicitor of an assisted person, who is a vulnerable witness, may not claim in respect of the assisted person the additional fee under paragraphs 2, 3 or 4, if there is a claim under paragraph 5A in respect of the assisted person as a vulnerable witness.”.
S.I. 1989/1490 as amended by S.I. 1990/473, as amended by S.I. 1991/565, S.I. 1993/531, S.I. 1994/1015, S.I. 1999/1042, S.S.I. 2002/496, S.S.I. 2003/178, S.S.I. 2004/281, S.S.I. 2007/14 and S.S.I. 2007/181.
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