2011 No. 333
The Criminal Legal Assistance (Fees) (Scotland) Regulations 2011
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of section 33(2), (3) and (3A) 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 Assistance (Fees) (Scotland) Regulations 2011 and come into force on 31st October 2011.
Application2
These Regulations apply only in relation to a case where criminal legal assistance is first provided to the assisted person on or after 31st October 2011.
Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19993
In regulation 4 of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19992 (fixed payments allowable to solicitors), paragraphs (6A) to (6C) are revoked.
Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 20084
For regulation 7(5)(a) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 20083 (which specifies work in respect of which solicitors are entitled to separate payment despite paragraphs (3) and (4) of that regulation), substitute—
a
the provision of advice and assistance to—
i
a person to whom section 15A of the Criminal Procedure (Scotland) Act 19954 (right of suspects to have access to a solicitor) applies;
ii
a person to whom section 25A of the Criminal Law (Consolidation) (Scotland) Act 19955 (right of suspects to have access to a solicitor: revenue and customs offences) applies; or
iii
a person detained under section 26 of that Act (detention in connection with certain drug smuggling offences);
ab
the provision of advice and assistance to an assisted person at a police station, other than in the circumstances referred to in sub-paragraph (a), if the time spent at the police station, together with the time spent reasonably and proportionately (as compared to the time involved in the attendance) travelling to and from the police station, exceeds 2 hours;
(This note is not part of the Regulations)