The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022
| Jurisdiction | Scotland |
| Citation | SSI 2022/30 |
| Year | 2022 |
2022 No. 30
Legal Aid And Advice
The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022
Made 26th January 2022
Laid before the Scottish Parliament 28th January 2022
Coming into force 1st April 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2), (3)(a), (b), (c) (f), and (3A), and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 19861and all other powers enabling them to do so.
Citation and Commencement
1. These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 1 April 2022.
Application
2.—(1) These Regulations apply only in relation to fees for work done or outlays incurred on or after 1 April 2022, except in relation to regulations 6(4) and (6), and 7.
(2) Regulations 6(4) and (6), and 7 apply only in relation to a case where the criminal legal assistance concerned is granted or made available on or after 1 April 2022.
(3) For the purposes of paragraph (1), where work for a fee prescribed in schedules 1 to 11 is conducted over more than one date, the work is deemed to have been done on the day on which the work comes to an end.
Amendments to the Civil Legal Aid (Scotland) (Fees) Regulations 1989
3.—(1) The Civil Legal Aid (Scotland) (Fees) Regulations 19892are amended as follows.
(2) In regulation 5 (fees allowable to solicitors) in paragraph (2A) for “£22.72”3substitute “£23.86”.
(3) In Part 1 of Chapter 3 of schedule 2 (undefended actions), for the first table of fees substitute the table of fees in schedule 1 of these Regulations.
(4) In Part 2 of Chapter 3 of schedule 2 (defended actions), for the first table of fees substitute the table of fees in schedule 2 of these Regulations.
(5) In Chapter 4 of schedule 2 (executry business), for the table of fees substitute the table of fees in schedule 3 of these Regulations.
(6) In schedule 2A (fees allowable to solicitors for simple procedure cases and First-Tier Tribunal for Scotland cases)4, for the table of fees substitute the table of fees in schedule 4 of these Regulations.
(7) In schedule 3 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and the sheriff court), for the table of fees substitute the table of fees in schedule 5 of these Regulations.
(8) In schedule 4 (fees of counsel for proceedings in the Court of Session, Sheriff Appeal Court, sheriff court, First-Tier Tribunal for Scotland and Upper Tribunal for Scotland)5, for the table of fees substitute the table of fees in schedule 6 of these Regulations.
(9) In schedule 5 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session, Sheriff Appeal Court, and Upper Tribunal for Scotland, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in schedule 7)6, for the table of fees substitute the table of fees in schedule 7 of these Regulations.
(10) In schedule 6 (table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in schedule 7) and in the Sheriff Appeal Court)—
(a)
(a) in Chapter 1 (sheriff court civil fees (undefended)) in the Notes on the operation of Chapter 1 in paragraph 6, for “£7.87”7substitute “£8.27”,
(b)
(b) in Chapter 2 (sheriff court civil fees (defended)) in the Notes on the operation of Chapter 2 in paragraph 21, for “£7.87”8substitute “£8.27”.
Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
4.—(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 19899are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) after the entry for “counsel” insert—
“
“court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the 1995 Act;
”,
(b)
(b) after the entry for “High Court” insert—
“
“holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 201410;
(3) In regulation 5(1) (fees allowance to solicitors: identification parades)11—
(a)
(a) in sub-paragraph (a)(i), for “£123.30” substitute “£129.47”,
(b)
(b) in sub-paragraph (a)(ii), for “£13.72” substitute “£14.41”,
(c)
(c) in sub-paragraph (b)(i), for “£101.46” substitute “£106.54”,
(d)
(d) in sub-paragraph (b)(ii), for “£12.79” substitute “£13.43”.
(4) In regulation 6 (duty solicitors’ fees)12—
(a)
(a) for “£68.14” in each place where it appears substitute “£71.55”,
(b)
(b) for “£9.74” in each place where it appears substitute “£10.23”,
(c)
(c) for “£75.71” in each place where it appears substitute “£79.50”,
(d)
(d) after paragraph (2) insert—
“
2A Where a duty solicitor at a holiday court sitting acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint—
(a) there shall be allowed to that solicitor, in addition to any fees under paragraph (1) and as may be under paragraph (2), a supplementary fee of £80.00 for appearing in relation to that case on that day, and
(b) such supplementary fee shall not be taken into account for the purposes of any maximum total fee under paragraph (1) or in the calculation of any additional fee under paragraph (2).
(5) In schedule 1 (fees of solicitors) in the Notes on the operation of schedule 1 in paragraph 7(1)13, for “£13.72” substitute “£14.41”.
(6) In schedule 1 (fees of solicitors) in the table of fees, for Part 1 (detailed fees) and Part 2 (inclusive fees for solemn first instance proceedings) substitute the tables of fees in schedule 8 of these Regulations.
(7) In schedule 2 (fees of counsel), for the table of fees substitute the table of fees in schedule 9 of these Regulations.
(8) In schedule 3 (fees of counsel for proceedings in the supreme court), for the table of fees substitute the table of fees in schedule 10 of these Regulations.
Amendments to the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
5.—(1) The Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 199214are amended as follows.
(2) In schedule 1 (table of fees allowable to solicitors for legal aid made available under section 30 of the Act in connection with proceedings for contempt of court)15—
(a)
(a) in paragraph 1(a), for “£29.65” substitute “£31.14”,
(b)
(b) in paragraph 1(b), for “£14.83” substitute “£15.58”,
(c)
(c) in paragraph 2(a), for “£11.42” substitute “£12.00”,
(d)
(d) in paragraph 2(b), for “£5.69” substitute “£5.98”,
(e)
(e) in paragraph 3, for “£6.49” substitute “£6.82”,
(f)
(f) in paragraph 4, for “£2.61” substitute “£2.75”,
(g)
(g) in paragraph 4A(a)16, for “£5.72” substitute “£6.01”,
(h)
(h) in paragraph 4A(b), for “£2.85” substitute “£3.00”.
(3) In paragraph 4 of schedule 2 (fees of counsel)17, for the tables of fees substitute the tables of fees in schedule 11 of these Regulations.
Amendments to the Advice and Assistance (Scotland) Regulations 1996
6.—(1) Schedule 3 (table of fees allowable to solicitors) of the Advice and Assistance (Scotland) Regulations 199618is amended as follows.
(2) In Part 1 (table of fees allowable to solicitors for assistance by way of representation)—
(a)
(a) in paragraph 1, for the table of fees substitute the table of fees in schedule 12 of these Regulations,
(b)
(b) in paragraph 2 (interpretation), after the entry relating to a “page” insert—
“
“court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
“holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 201419.
(c)
(c) in paragraph 3 (petition by debtor for sequestration)20—
(i) in sub-paragraph (a), for “£35.86” substitute “£37.66”, and
(ii) in sub-paragraph (b), for “£58.90” substitute “£61.85”.
(3) In paragraph 1 of Part 2 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation), for the table of fees substitute the table of fees in schedule 13 of these Regulations.
(4) In Part 3 (table of fees allowed to solicitors for assistance by way of representation for proceedings under sections 19, 30 and 36(1)(a) of the Criminal Justice (Scotland) Act 2016), for the table of fees substitute the table of fees in schedule 14 of these Regulations.
(5) In Part 4 (table of fees allowed to solicitors for advice and assistance in relation to sections 32 and 44 of the Criminal Justice (Scotland) Act 2016)21—
(a)
(a) in paragraph 3 (standard rate) for “£81.12” substitute “£85.18”,
(b)
(b) in paragraph 3 (higher rate) for “£107.89” substitute “£113.29”,
(c)
(c) in paragraph 4(a) (standard rate) for “£124.38” substitute “£130.60”,
(d)
(d) in paragraph 4(a) (higher rate) for “£165.42” substitute “£173.70”,
(e)
(e) in paragraph 4(b)(i) (standard rate) for “£216.30” substitute “£227.12”,
(f)
(f) in paragraph 4(b)(i) (higher rate) for “£287.68” substitute “£302.07”,
(g)
(g) in paragraph 4(b)(ii) (standard rate) for “£54.08” substitute “£56.79”,
(h)
(h) in paragraph 4(b)(ii) (higher rate) for “£71.93” substitute “£75.53”,
(i)
(i) in paragraph 5 (standard rate) for “£32.45” substitute “£34.08”,
(j)
(j) in paragraph 5 (higher rate) for “£43.16” substitute “£45.32”,
(k)
(k) in paragraph 6 for “£12.55” in each place where it appears substitute “£13.18”,
(l)
(l) in paragraph 6 for “£16.70” in each...
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