The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Legal Aid (Scotland) Act 1986;

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995(1);

“assisted person” means a person to whom criminal legal aid has been made available in relation to the proceedings in question;

“excluded proceedings” means–

(a)

summary proceedings arising following a reduction from solemn proceedings;

(b)

proceedings in relation to which legal aid is only available by virtue of section 22(1)(a) of the Act (identification parades held by or on behalf of the prosecutor in contemplation of criminal proceedings);

(c)

proceedings in relation to which legal aid is only available by virtue of section 22(1)(c) of the Act (assisted person in custody or liberated by police on undertaking to appear);

(d)

proceedings in relation to which legal aid is only available by virtue of section 22(1)(da) of the Act (plea of insanity in bar of trial)(2);

(e)

proceedings in relation to which legal aid is only available by virtue of section 22(1)(db) of the Act (examination of facts)(3);

(f)

proceedings in relation to which legal aid is made available by virtue of regulation 15 of the Criminal Legal Aid (Scotland) Regulations 1996 (matters of special urgency)(4);

(g)

any reference in connection with proceedings under article 177 of the EEC Treaty(5).

“relevant criminal legal aid” means criminal legal aid provided by a solicitor in relation to summary proceedings other than excluded proceedings.

(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is to one of these Regulations.

(1)

1995 c. 46.

(2)

Section 22(1)(da) was inserted by 1995 c. 40, section 5 and Schedule 4.

(3)

Section 22(1)(db) was inserted by 1995 c. 40, section 5 and Schedule 4.

(4)

S.I. 1996/2555.

(5)

EEC Treaty has the meaning assigned to it in Schedule 1 to the European Communities Act 1972 c. 68.