5.—(1) Schedule 2 (fees of counsel) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989(1) is amended as follows.
(2) In the Notes on the operation of schedule 2, for paragraph 21 (accommodation and subsistence)(2) substitute—
“21.—(1) The cost of necessary accommodation and subsistence is chargeable only—
(a)where a supplementary fee for travel is chargeable in accordance with paragraph 20,
(b)on cause shown, and
(c)subject to sub-paragraph (3), as an outlay up to the amount specified in (as the case may be)—
(i)paragraph 8 of Chapter 1 or 2 of Part 1 of the Table of Fees (counsel fees for proceedings in the High Court of Judiciary),
(ii)paragraph 10 of Chapter 1 or 2 of Part 2 of the Table of Fees (counsel fees in appeal proceedings),
(iii)paragraph 7 of Chapter 1 or 2 of Part 3 of the Table of Fees (counsel fees for proceedings in the Sheriff and Justice of the Peace Court).
(2) Counsel must, if required, provide vouching of the costs incurred.
(3) Where counsel incurs accommodation and subsistence costs at an amount higher than the applicable amount specified in the relevant paragraph of sub-paragraph (1)(c), that higher amount is chargeable in place of the applicable amount only if—
(a)counsel has demonstrated to the satisfaction of the Board that in the circumstances of the travel undertaken suitable accommodation and subsistence was not available to them at or up to the applicable amount,
(b)counsel has received prior sanction from the Board to exceed the applicable amount, and
(c)the Board is satisfied that the amount charged as an outlay is reasonable in all the circumstances.”.
(3) In the Table of Fees—
(a)in Part 1 (proceedings in the High Court of Justiciary)—
(i)in Chapter 1 (junior counsel)—
(aa)in paragraph 1A, after sub-paragraph (k), insert—
| “(l) | Drafting written submissions where ordered by the court | £350.00” |
(bb)in paragraph 8, for “£113.56” each time it occurs substitute “£125.14”,
(ii)in Chapter 2 (senior counsel)—
(aa)in paragraph 1A, after sub-paragraph (k), insert—
| “(l) | Drafting written submissions where ordered by the court | £500.00” |
(bb)in paragraph 8, for “£113.56” substitute “£125.14”,
(b)in Part 2 (appeal proceedings), in paragraph 10 of Chapters 1 and 2, for “£113.56” each time it occurs substitute “£125.14”,
(c)in Part 3 (proceedings in the Sheriff and Justice of the Peace Court)—
(i)in Chapter 1 (junior counsel)—
(aa)in paragraph 1A, after sub-paragraph (k) insert—
| “(l) | Drafting written submissions where ordered by the court | £280.00” |
(bb)in paragraph 7, for “£113.56” each time it occurs substitute “£125.14”,
(ii)in Chapter 2 (senior counsel)—
(aa)in paragraph 1A, after sub-paragraph (k) insert—
| “(l) | Drafting written submissions where ordered by the court | £400.00” |
(bb)in paragraph 7, for “£113.56” substitute “£125.14”.
S.I. 1989/1491. Schedule 2 was substituted for a new Schedule 2 by S.S.I. 2005/113. Other relevant amending instruments are S.S.I. 2005/656, S.S.I. 2012/276, S.S.I. 2022/30, and S.S.I. 2023/178.
Paragraph 21 was substituted by S.S.I. 2012/276.