The Redress for Survivors (Historical Child Abuse in Care) (Payment of Legal Fees) (Scotland) Regulations 2021

Prescribed sums in respect of legal work reasonably undertaken

6.—(1) For the purpose of section 92(1) of the Act, column A and B of the table of fees in the relevant part of the schedule of these Regulations prescribes the sum for the corresponding description of legal work specified in the second column of that table.

(2) Unless paragraph (3) applies, the prescribed sum for the corresponding description of legal work specified in the second column of that table, is that specified in column A of the table of fees, whether or not that work is conducted before or after the determination of the application and whether or not the application resulted in an offer of a redress payment.

(3) This paragraph applies if—

(a) the application has not been determined by Redress Scotland because the application has been paused by virtue of section 32 of the Act and has not been resumed, or the application has been withdrawn by virtue of section 33 of the Act, or

(b) the applicant died after making an application but before their application was determined.

(4) Where paragraph (3) applies, the prescribed sum for the corresponding description of legal work specified in the second column of that schedule, is that specified in column B of the table of fees.

(5) For the purposes of section 93(1) of the Act, the sum prescribed is £250.

(6) Where the work done by the solicitor constitutes a supply of services in respect of which value added tax is chargeable, an amount equal to the amount of value added tax chargeable will be added to the applicable sum as prescribed by virtue of this regulation.