Citation and Commencement1.
These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 1 April 2022.
Application2.
(1)
These Regulations apply only in relation to fees for work done or outlays incurred on or after 1 April 2022, except in relation to regulations 6(4) and (6), and 7.
(2)
Regulations 6(4) and (6), and 7 apply only in relation to a case where the criminal legal assistance concerned is granted or made available on or after 1 April 2022.
(3)
For the purposes of paragraph (1), where work for a fee prescribed in schedules 1 to 11 is conducted over more than one date, the work is deemed to have been done on the day on which the work comes to an end.
Amendments to the Civil Legal Aid (Scotland) (Fees) Regulations 19893.
(1)
(2)
In regulation 5 (fees allowable to solicitors) in paragraph (2A) for “£22.72”3 substitute “£23.86”
.
(3)
In Part 1 of Chapter 3 of schedule 2 (undefended actions), for the first table of fees substitute the table of fees in schedule 1 of these Regulations.
(4)
In Part 2 of Chapter 3 of schedule 2 (defended actions), for the first table of fees substitute the table of fees in schedule 2 of these Regulations.
(5)
In Chapter 4 of schedule 2 (executry business), for the table of fees substitute the table of fees in schedule 3 of these Regulations.
(6)
(7)
In schedule 3 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and the sheriff court), for the table of fees substitute the table of fees in schedule 5 of these Regulations.
(8)
(9)
(10)
In schedule 6 (table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in schedule 7) and in the Sheriff Appeal Court)—
(a)
in Chapter 1 (sheriff court civil fees (undefended)) in the Notes on the operation of Chapter 1 in paragraph 6, for “£7.87”7 substitute “£8.27”
,
(b)
in Chapter 2 (sheriff court civil fees (defended)) in the Notes on the operation of Chapter 2 in paragraph 21, for “£7.87”8 substitute “£8.27”
.
Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 19894.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the 1995 Act;”,
(b)
““holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 201410;”.
(3)
(a)
in sub-paragraph (a)(i), for “£123.30” substitute “£129.47”
,
(b)
in sub-paragraph (a)(ii), for “£13.72” substitute “£14.41”
,
(c)
in sub-paragraph (b)(i), for “£101.46” substitute “£106.54”
,
(d)
in sub-paragraph (b)(ii), for “£12.79” substitute “£13.43”
.
(4)
(a)
for “£68.14” in each place where it appears substitute “£71.55”
,
(b)
for “£9.74” in each place where it appears substitute “£10.23”
,
(c)
for “£75.71” in each place where it appears substitute “£79.50”
,
(d)
“(2A)
Where a duty solicitor at a holiday court sitting acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint—
(a)
there shall be allowed to that solicitor, in addition to any fees under paragraph (1) and as may be under paragraph (2), a supplementary fee of £80.00 for appearing in relation to that case on that day, and
(b)
such supplementary fee shall not be taken into account for the purposes of any maximum total fee under paragraph (1) or in the calculation of any additional fee under paragraph (2).”.
(5)
In schedule 1 (fees of solicitors) in the Notes on the operation of schedule 1 in paragraph 7(1)13, for “£13.72” substitute “£14.41”
.
(6)
In schedule 1 (fees of solicitors) in the table of fees, for Part 1 (detailed fees) and Part 2 (inclusive fees for solemn first instance proceedings) substitute the tables of fees in schedule 8 of these Regulations.
(7)
In schedule 2 (fees of counsel), for the table of fees substitute the table of fees in schedule 9 of these Regulations.
(8)
In schedule 3 (fees of counsel for proceedings in the supreme court), for the table of fees substitute the table of fees in schedule 10 of these Regulations.
Amendments to the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 19925.
(1)
(2)
(a)
in paragraph 1(a), for “£29.65” substitute “£31.14”
,
(b)
in paragraph 1(b), for “£14.83” substitute “£15.58”
,
(c)
in paragraph 2(a), for “£11.42” substitute “£12.00”
,
(d)
in paragraph 2(b), for “£5.69” substitute “£5.98”
,
(e)
in paragraph 3, for “£6.49” substitute “£6.82”
,
(f)
in paragraph 4, for “£2.61” substitute “£2.75”
,
(g)
in paragraph 4A(a)16, for “£5.72” substitute “£6.01”
,
(h)
in paragraph 4A(b), for “£2.85” substitute “£3.00”
.
(3)
Amendments to the Advice and Assistance (Scotland) Regulations 19966.
(1)
(2)
In Part 1 (table of fees allowable to solicitors for assistance by way of representation)—
(a)
in paragraph 1, for the table of fees substitute the table of fees in schedule 12 of these Regulations,
(b)
““court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
“holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 201419.”.
(c)
(i)
in sub-paragraph (a), for “£35.86” substitute “£37.66”
, and
(ii)
in sub-paragraph (b), for “£58.90” substitute “£61.85”
.
(3)
In paragraph 1 of Part 2 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation), for the table of fees substitute the table of fees in schedule 13 of these Regulations.
(4)
In Part 3 (table of fees allowed to solicitors for assistance by way of representation for proceedings under sections 19, 30 and 36(1)(a) of the Criminal Justice (Scotland) Act 2016), for the table of fees substitute the table of fees in schedule 14 of these Regulations.
(5)
(a)
in paragraph 3 (standard rate) for “£81.12” substitute “£85.18”
,
(b)
in paragraph 3 (higher rate) for “£107.89” substitute “£113.29”
,
(c)
in paragraph 4(a) (standard rate) for “£124.38” substitute “£130.60”
,
(d)
in paragraph 4(a) (higher rate) for “£165.42” substitute “£173.70”
,
(e)
in paragraph 4(b)(i) (standard rate) for “£216.30” substitute “£227.12”
,
(f)
in paragraph 4(b)(i) (higher rate) for “£287.68” substitute “£302.07”
,
(g)
in paragraph 4(b)(ii) (standard rate) for “£54.08” substitute “£56.79”
,
(h)
in paragraph 4(b)(ii) (higher rate) for “£71.93” substitute “£75.53”
,
(i)
in paragraph 5 (standard rate) for “£32.45” substitute “£34.08”
,
(j)
in paragraph 5 (higher rate) for “£43.16” substitute “£45.32”
,
(k)
in paragraph 6 for “£12.55” in each place where it appears substitute “£13.18”
,
(l)
in paragraph 6 for “£16.70” in each place where it appears substitute “£17.54”
.
(6)
(a)
for “£54.08” in each place where it appears substitute “£56.79”
,
(b)
for “£81.12” in both places where it appears substitute “£85.18”
,
(c)
for “£6.28” in both places where it appears substitute “£6.60”
.
(7)
(a)
in paragraph 3(a) (standard rate) for “£124.38” substitute “£130.60”
,
(b)
in paragraph 3(a) (higher rate) for “£165.42” substitute “£173.70”
,
(c)
in paragraph 3(b)(i) (standard rate) for “£216.30” substitute “£227.12”
,
(d)
in paragraph 3(b)(i) (higher rate) for “£287.68” substitute “£302.07”
,
(e)
in paragraph 3(b)(ii) (standard rate) for “£54.08” substitute “£56.79”
,
(f)
in paragraph 3(b)(ii) (higher rate) for “£71.93” substitute “£75.53”
(g)
in paragraph 4 (standard rate) for “£32.45” substitute “£34.08”
,
(h)
in paragraph 4 (higher rate) for “£43.16” substitute “£45.32”
,
(i)
in paragraph 5(a) (standard rate) for “£12.55” substitute “£13.18”
,
(j)
in paragraph 5(a) (higher rate) for “£16.70” substitute “£17.54”
,
(k)
in paragraph 5(b) (standard rate) for “£12.55” substitute “£13.18”
,
(l)
in paragraph 5(b) (higher rate) for “£16.70” substitute “£17.54”
.
Amendments to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19997.
(1)
(2)
In regulation 2 (interpretation)—
(a)
““court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;”.
(b)
““holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014;”.
(3)
In regulation 4 (fixed payments allowable to solicitors)—
(a)
in paragraphs (6) and (6ZA)25, for “£108.15” substitute “£113.56”
,
(b)
in paragraph (9)(b), for “£108.15” substitute “£113.56”
.
(4)
In schedule 1—
(a)
for the table of fees in Part 1 substitute the table of fees in Part 1 of schedule 15 of these Regulations,
(b)
for the table of fees in Part 2 substitute the table of fees in Part 2 of schedule 15 of these Regulations.
(5)
In schedule 1A for the table of fees substitute the table of fees in schedule 16 of these Regulations.
(6)
In schedule 1B—
(a)
for the table of fees in Part 1 substitute the table of fees in Part 1 of schedule 17 of these Regulations,
(b)
for the table of fees in Part 2 substitute the table of fees in Part 2 of schedule 17 of these Regulations.
Amendments to the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 20088.
(1)
(2)
“Interpretation1A.
In these Regulations—
“court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995; and
“holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014.”.
(3)
“,
(c)
any supplementary fee payable to a solicitor for a holiday court sitting under regulation 6 or schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, schedule 3 of the Advice and Assistance (Scotland) Regulations 1996 or schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999.”.
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Edinburgh