Amendment of the Advice and Assistance (Scotland) Regulations 19963
In regulation 17 (fees and outlays of solicitors) of the Advice and Assistance (Scotland) Regulations 19964—
a
for sub-paragraph (a) of paragraph (1) substitute—
a
fees for work actually, necessarily and reasonably done in connection with the matter upon which advice and assistance was given, due regard being had to economy, calculated—
i
in the case of assistance by way of representation, in accordance with the table of fees in Part I of schedule 3; and
ii
in any other case, in accordance with the table of fees in Part II of schedule 3; and
b
after paragraph (1A) insert—
1B
An inclusive fee of £550.76 is payable, subject to paragraph (1C), instead of any fee that would otherwise be payable under paragraph (1)(a)(ii) where—
a
one solicitor represents a client and—
i
the solicitor was appointed by the client;
ii
a decision has been made to prosecute the matter in respect of which the solicitor has been appointed in the sheriff court;
iii
the solicitor has submitted a letter of engagement to the procurator fiscal;
iv
a copy of the complaint has been issued to the solicitor by the procurator fiscal; and
v
the case is resolved and concluded prior to proceedings commencing;
b
one solicitor represents two or more clients in the same case and the requirements in heads (i) to (v) of sub-paragraph (a) are met in respect of each of those clients;
c
more than one solicitor acts for a client in the same case and—
i
each solicitor was appointed by the client;
ii
a decision has been made to prosecute the matter in respect of which each solicitor has been appointed in the sheriff court;
iii
each of the solicitors has submitted a letter of engagement to the procurator fiscal;
iv
a copy of the complaint has been issued to each of the solicitors by the procurator fiscal; and
v
the case is resolved and concluded prior to proceedings commencing.
1C
Where an inclusive fee is payable under paragraph (1B) in the circumstances where—
a
sub-paragraph (b) applies, the solicitor is to be paid—
i
100% of the inclusive fee in respect of the first client;
ii
40% of the inclusive fee in respect of a second client; and
iii
20% of the inclusive fee in respect of each subsequent client;
b
sub-paragraph (c) applies, each solicitor is to be paid an equal share of the total amount payable.