Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989(1)
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.