2010 No. 237
The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2010
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 33(3A) and (3AA) of the Legal Aid (Scotland) Act 19861 and all other powers enabling them to do so.
Citation and commencement1
These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2010 and come into force on 5th July 2010.
Application2
1
Subject to paragraph (2), these Regulations apply only in relation to proceedings commenced on or after 5th July 2010.
2
Regulation 3(4) and (5)(a) applies also in relation to proceedings commenced on or after 30th June 2008 and before 5th July 2010 if the proceedings were continuing as at the date these Regulations were made.
Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19993
1
The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19992 are amended as follows.
2
In regulation 4 (fixed payments allowable to solicitors)—
a
in paragraph (3), for “reference to summary proceedings in paragraph (1)” substitute “references to summary proceedings in paragraphs (1) and (1C)”; and
b
in paragraph (7)(c), for “10 and 10AA” substitute “10, 10AA and 13”.
3
In Part 1 of Schedule 1 (which specifies fixed payments in respect of certain cases in the justice of the peace court and sheriff court for which criminal legal aid is available), omit paragraph 14.
4
In paragraph 1 of Schedule 1A (which specifies fixed payments in respect of certain cases in the Justice of the Peace court and sheriff court for which criminal legal aid is available), in the first column, for “12” substitute “13”.
5
In Part 1 of Schedule 1B (which specifies fixed payments in respect of certain cases in the Justice of the Peace court and sheriff court for which assistance by way of representation is available)—
a
in paragraph 1, for “8 and 9” substitute “8, 9 and 10”;
b
in paragraph 3, for “£75” substitute “£150”; and
c
omit paragraph 11.
(This note is not part of the Regulations)