The Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013
| Jurisdiction | Scotland |
| Citation | SSI 2013/250 |
| Year | 2013 |
2013 No. 250
Legal Aid And Advice
The Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013
Made 29th August 2013
Laid before the Scottish Parliament 2nd September 2013
Coming into force 31th October 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 12(3) and 33(2)(a) and (b) and (3) of the Legal Aid (Scotland) Act 19861and all other powers enabling them to do so.
Citation, commencement and application
1.—(1) These Regulations may be cited as the Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013 and come into force on 31st October 2013.
(2) Notwithstanding paragraph (1)—
(a)
(a) the amendment in regulation 2(2) applies only in relation to any case where an application for advice and assistance is made on or after 31st October 2013;
(b)
(b) the amendments in regulations 2(3) and (4) and 3 to 5 apply to work done or outlays incurred on or after 31st October 2013.
Amendment of the Advice and Assistance (Scotland) Regulations 1996
2.—(1) The Advice and Assistance (Scotland) Regulations 19962are amended as follows.
(2) In regulation 16(2)(c) (payment of fees and outlays from property recovered or preserved) for “section 79 of the Welfare Reform Act 2012” substitute “Part 4 of the Welfare Reform Act 20123”.
(3) In Part I of Schedule 3 (table of fees allowable to solicitors for assistance by way of representation), for paragraph 5 in the table of fees substitute—
“5. |
(a) |
There is no fee for photocopying— |
|
(i) |
where fewer than 20 sheets are copied at one time; |
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(ii) |
in relation to the first 20 sheets copied at any one time. |
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(b) |
Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— |
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(i) |
5 pence for each sheet copied for up to 10,000 sheets; and |
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(ii) |
1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.”. |
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(4) In Part II of Schedule 3 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation), for paragraph E in the table of fees substitute—
“E. |
(a) |
There is no fee for photocopying— |
|
(i) |
where fewer than 20 sheets are copied at any one time; |
||
(ii) |
in relation to the first 20 sheets copied at any one time. |
||
(b) |
Subject to sub-paragraph (a), the fee for all photocopying in the matter is— |
||
(i) |
5 pence for each sheet copied for up to 10,000 sheets; and |
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(ii) |
1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.”. |
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Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
3. In the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 19924, Schedule 1 (table of fees allowable to solicitors for legal aid in connection with proceedings for contempt of court), for paragraph 5 in the table of fees substitute—
“5.—(a) |
There is no fee for photocopying— |
|||
(i) |
where fewer than 20 sheets are copied at one time; |
|||
(ii) |
in relation to the first 20 sheets copied at any one time. |
|||
(b) |
Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— |
|||
(i) |
5 pence for each sheet copied for up to 10,000 sheets; and |
|||
(ii) |
1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.”. |
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Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
4. In the Civil Legal Aid (Scotland) (Fees) Regulations 19895, Schedule 5 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court), in the table of fees—
(a) for paragraph 6 substitute—
“6. |
(a) |
There is no fee for photocopying— |
||
(i) |
where fewer than 20 sheets are copied at any one time; |
|||
(ii) |
in relation to the first 20 sheets copied at any one time. |
|||
(b) |
Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— |
|||
(i) |
for each sheet copied for up to 10,000 sheets |
£0.05 |
||
(ii) |
for each sheet copied in addition to the first 10,000 sheets |
£0.01”; and |
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(b) after paragraph 6—
(i) at the end of the definition of “sheet” insert “and”;
(ii) at the end of the definition of “page” omit “and”; and
(iii) omit the definition of “exceptional”.
Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
5. In the Criminal Legal Aid (Scotland) (Fees) Regulations 19896, Schedule 1, Part 1 (fees of solicitors: detailed fees) of the table of fees, for paragraph 5 substitute—
“5. |
(a) |
There is no fee for photocopying— |
|||
(i) |
where fewer than 20 sheets are copied at any one time; |
||||
(ii) |
in relation to the first 20 sheets copied at any one time. |
||||
(b) |
Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— |
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