2013 No. 92
The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2013
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(3AA), (3AB), (3C), (3D), (3F) to (3J) and 36(1) and (2)(a) and (e) 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 2013 and come into force on 26th April 2013.
Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19992
1
Regulation 4A of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19992 is amended as follows.
2
In paragraph (1)—
a
after “relevant criminal legal aid” insert “or relevant ABWOR”; and
b
for “in Schedule 1” insert “(as the case may be) in Schedule 1 or Schedule 1B”.
3
In paragraph (5), after “relevant criminal legal aid” where it each time appears insert “or relevant ABWOR”.
4
After paragraph (9) insert—
10
Where the Board has granted an application for change of solicitor under regulation 14A(2) of the Advice and Assistance (Scotland) Regulations 19963, any solicitor who has provided relevant ABWOR prior to that grant is, where the Board has determined that the circumstances prescribed at paragraph (3) exist, instead of receiving the fixed payments specified in Schedule 1B, to be paid out of the Fund in accordance with regulations made under section 33(2) and (3) of the Act.
11
A solicitor to whom paragraph (10) applies is only to be paid where that solicitor has kept proper records of all professional services provided by way of, and outlays incurred in the provision of, that relevant ABWOR.
(This note is not part of the Regulations)