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.