The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015
| Jurisdiction | Scotland |
2015No. 380
LEGAL AID AND ADVICE
The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015
5thNovember2015
9thNovember2015
1stJanuary2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2)(a) and (3) and 36(1) and (2)(a) and (c) of the Legal Aid (Scotland) Act 1986( 1) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015 and come into force on 1st January 2016.
Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
2.-(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989( 2) are amended as follows.
(2) In regulation 2(1) (interpretation)-
(a) in the definition of "auditor", after paragraph (a) insert-"(aa) in relation to proceedings in the Sheriff Appeal Court, the auditor of the sheriff court for the sheriffdom in which the proceedings were heard;"; and(b) for the definition of "solicitor-advocate" substitute-""solicitor-advocate" means a solicitor having a right of audience, whether instructed by another solicitor or not, when and only when-
(a) that solicitor is exercising that right of audience or acting in connection with the exercise of that right; or(b) in relation to proceedings in the Sheriff Appeal Court-(i) the Board has authorised the employment of counsel under regulation 21(1)(ca) of the Civil Legal Aid (Scotland) Regulations 2002( 3); and(ii) that solicitor would have been exercising that right of audience, or acting in connection with the exercise of that right, had the proceedings taken place in a court to which section 25A of the Solicitors (Scotland) Act 1980 applied;".(3) In regulation 4 (fees and outlays allowable to solicitors), for "regulation 8" substitute "regulations 7A and 8".
(4) In regulation 5 (fees and outlays allowable to solicitors)-
(a) after paragraph (1) insert-"(1A) A solicitor's fees in relation to proceedings in the Sheriff Appeal Court shall be calculated in accordance with either Schedule 5 or Schedule 6 but it shall not be competent to charge fees partly on the basis of Schedule 5 and partly on the basis of Schedule 6.";(b) in paragraph (4)-(i) after "In all Court of Session proceedings" insert "or proceedings in the Sheriff Appeal Court"; and(ii) for "The Court of Session in deciding" substitute "The Court of Session, or as the case may be the Sheriff Appeal Court, in deciding".(5) After regulation 7 insert-
"Single account where other solicitor employed
7A.
-(1) Paragraphs (2) and (3) apply where a solicitor ("the nominated solicitor") instructs another solicitor to carry out work in relation to proceedings (other than proceedings in the Sheriff Appeal Court, the Court of Session or the Supreme Court).(2) Accounts in respect of fees and outlays allowable to solicitors shall be submitted to the Board only by the nominated solicitor, payment of the other solicitor being a...To continue reading
Request your trial