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The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2016
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- Scottish Statutory Instruments
- 2016 No. 257
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Regulations”) and the Civil Legal Aid (Scotland) Regulations 2002.
Regulation 2 amends the 1989 Regulations to make provision consequential upon the addition of certain proceedings in the Upper Tribunal for Scotland to the list of proceedings in Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986 (courts in which civil legal aid is available) by the Legal Aid (Scotland) Act 1986 Amendment Regulations 2016 (S.S.I. 2016/xxx). It provides for the calculation of the fees of solicitors and counsel in relation to proceedings in the Upper Tribunal for Scotland. Additionally, it amends regulation 2 of the 1989 Regulations to specify the Auditor of the Court of Session as the relevant auditor in relation to legal aid accounts in the Upper Tribunal for Scotland and the auditor of the Sheriff Appeal Court in relation to legal aid accounts in the Sheriff Appeal Court.
Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002 to provide for appeals to the Upper Tribunal for Scotland to be treated as distinct proceedings for the purposes of legal aid and to require the prior approval of SLAB for the employment of counsel in the Upper Tribunal for Scotland.
A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.
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