The Criminal Legal Aid (Fixed Payments and Assistance by Way of Representation) (Scotland) (Miscellaneous Amendments) Regulations 2014
| Jurisdiction | Scotland |
2014No. 366
LEGAL AID AND ADVICE
The Criminal Legal Aid (Fixed Payments and Assistance by Way of Representation) (Scotland) (Miscellaneous Amendments) Regulations 2014
16thDecember2014
17thDecember2014
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9, 33(3A), (3C), (3D), (3F) to (3H), and 36(1) and (2)(a), (c) and (e) of the Legal Aid (Scotland) Act 1986( 1) and all other powers enabling them to do so.
In accordance with section 37 of the Legal Aid (Scotland) Act 1986, a draft of these Regulations has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and application
1. These Regulations may be cited as the Criminal Legal Aid (Fixed Payments and Assistance by Way of Representation) (Scotland) (Miscellaneous Amendments) Regulations 2014 and come into force the day after the day on which they are made.
2. These Regulations apply only in respect of proceedings commenced on or after the day on which they come into force.
Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
3. The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999( 2) are amended as follows.
4. In regulation 2(1) (interpretation), in the definition of "diet of deferred sentence" for the words from "sections 201" to the end of the definition substitute "section 201 (power of court to adjourn case before sentence), section 202 (deferred sentence) or section 203 (reports) of the 1995 Act;".
5. For regulation 4(3)(b) (fixed payments allowable to solicitors) substitute-
"(b) proceedings under section 22, 22ZA(1)(a), 27(1)(a), 28 or 150(8) of the 1995 Act arising out of the complaint or complaints referred to in sub-paragraph (a).".6. For regulation 4(5A)(b) substitute-
"(b) a guilty plea is tendered to a charge libelled in any of the complaints at the first diet at which the assisted person was called upon to plead, resulting in the disposal of the case,".7. For regulation 4(5B) substitute-
"(5B) The amount payable under paragraph 1 of Part 1 of Schedule 1 or, as the case may be, paragraph 1 of Schedule 1A is half the amount that would otherwise be payable if the assisted person-(a) was represented by a solicitor arranged by the Board to provide criminal legal aid in accordance with regulation 7(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011;(b) tendered a plea of not guilty to any charge libelled in a complaint at the first diet at which the assisted person was called upon to plead; and(c) before the commencement of...To continue reading
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