The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2016

JurisdictionScotland

2016 No. 290

Legal Aid And Advice

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2016

Made 14th September 2016

Laid before the Scottish Parliament 16th September 2016

Coming into force 28th November 2016

The Scottish Ministers make the following regulations in exercise of the powers conferred by sections 33(2)(a) and (3) of the Legal Aid (Scotland) Act 19861and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. These regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2016 and come into force on 28th November 2016.

S-2 Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

2.—(1) The Civil Legal Aid (Scotland) (Fees) Regulations 19892are amended as follows.

(2) In regulation 5(2) (fees allowable to solicitors)—

(a)

(a) in sub-paragraph (a), after “(b)” insert “, (ba)”;

(b)

(b) in sub-paragraph (b), omit “and”; and

(c)

(c) after sub-paragraph (b) insert—

“(ba)

“(ba) in a simple procedure case (within the meaning of section 72(3) of the Courts Reform (Scotland) Act 20143) shall be calculated in accordance with Schedule 2A; and”.

(3) After Schedule 2, insert Schedule 2A as set out in the schedule of these Regulations.

(4) In paragraph 1(3)(d) of Schedule 7 (interpretation of “exceptional case”), after “with” insert “Schedule 2A or”.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

14th September 2016

SCHEDULE

Regulation 2

SCHEDULE

SCHEDULE 2A

Regulation 5

Fees allowable to solicitors for simple procedure cases

Fees shall be calculated in accordance with the Table of Fees in this Schedule.

In the Table of Fees—

a “sheet” shall consist of 250 words or numbers;

a “page” shall consist of 125 words or numbers.

The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

Table of Fees

1.

The fee for—

(a) any time up to the first half hour spent by a solicitor conducting a proof or hearing;

£33.15

(a) each quarter hour (or part thereof) subsequent to the first half hour.

£16.60

2.

The fee for—

(a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 hereof, provided that any time is additional to the total time charged for under paragraph 1 above;

£12.75

(a) each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 hereof.

£6.35

3.

The fee for—

framing affidavits – per sheet (or part thereof).

£10.47

4.

The fee for—

(a) framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof);

(a) each citation of a party, witness or haver including execution thereof;

(a) instructing sheriff officers, including examining execution and settling fee;

(a) agency accepting service of any writ;

(a) lodging first step of process;

(a) lengthy telephone calls (of over 4 minutes and up to 10 minutes duration);

(a) letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below;

(a) perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter—

Note:Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above,

in each of sub-paragraphs (a) to (h).

£7.25

5.

The fee for—

(a) attendance at court offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged;

(a) revising papers drawn by counsel, where ordered or necessary – per 5 sheets;

(a) framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof);

(a) certifying or signing a document;

(a) short...

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