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Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2002

Consolidated Text As Enacted Cited authorities 4 Cited in Amendments 2 Related
Vincent
JurisdictionScotland
CitationSSI 2002/496
Year2002
  • These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2002 and shall come into force on 1st December 2002.
  • The Civil Legal Aid (Scotland) (Fees) Regulations 1989
  • In regulation 2(1) (interpretation) , in the definition of “auditor” omit “, Restrictive Practices Court”.
  • For regulation 3(2) there is substituted–
    • (2) Subject to paragraphs (3) (b) , (4) and (5) , solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.
    • (3) Where fees and outlays are recovered by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person–
    • (a) accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; and
    • (b) the Board may, subject to paragraphs (4) and (5) , instead of making payment in accordance with paragraph (2) , pay to the solicitor (and counsel as the case may be) who acted for that person, the amount of any fees and outlays so recovered.
    • Subject to paragraphs (3) (b) , (4) and (5) , solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; andthe Board may, subject to paragraphs (4) and (5) , instead of making payment in accordance with paragraph (2) , pay to the solicitor (and counsel as the case may be) who acted for that person, the amount of any fees and outlays so recovered.it receives a request for such payment from the solicitor who, at the conclusion of the proceedings, was acting for the person in receipt of legal aid; andthat solicitor has consulted with any counsel who was acting for that person at the conclusion of the proceedings regarding that request.The Board shall deduct from the sum payable in accordance with paragraph (3) (b) the amount of any payment made, or due to be made, by it to the

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