The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022
| Jurisdiction | Scotland |
| Citation | SSI 2022/229 |
| Year | 2022 |
2022 No. 229
Legal Aid And Advice
The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022
Made 28th June 2022
Coming into force 1st October 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(1), (2)(a), (dd) and (de), 12(3), 31(9), 33(2), (3)(b) and (f) and (3A) and 36(1), (2)(a) and (g) of the Legal Aid (Scotland) Act 19861and all other powers enabling them to do so.
In accordance with section 37(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Citation and commencement
1. These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022 and come into force on 1 October 2022.
Amendments to the Civil Legal Aid (Scotland) (Fees) Regulations 1989
2. In schedule 6, chapter 2 (sheriff court civil fees (defended)) of the Civil Legal Aid (Scotland) (Fees) Regulations 19892—
(a) in paragraph 24, omit “Except as provided for by paragraph 25 or where otherwise prescribed,”,
(b) omit paragraph 25.
Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
3. In schedule 2 (fees of counsel) of the Criminal Legal Aid (Scotland) (Fees) Regulations 19893—
(a) in paragraph 13(d), omit “, unless claimed during the emergency period”,
(b) in paragraph 22 (interpretation), omit the entry relating to “emergency period”.
Amendments to the Advice and Assistance (Scotland) Regulations 1996
4. In regulation 16A of the Advice and Assistance (Scotland) Regulations 19964(interim payment of fees and outlays during the emergency period)—
(a) for the heading substitute “Interim payments”,
(b) for paragraph (1) substitute—
“
1 This regulation applies where a claim is made for interim payment under the Act.
”,
(c) omit paragraph (2).
Amendments to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
5. In regulation 4 (fixed payments allowable to solicitors) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19995—
(a) in paragraph (5C), omit “during the emergency period ”,
(b) omit paragraph (5D).
Amendments to the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003
6.—(1) The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 20036are amended as follows.
(2) In regulation 3 (miscellaneous proceedings), omit paragraph (v).
(3) In regulation 9 (prescribed proceedings), omit paragraph (j).
Amendments to the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011
7. In regulation 7 (duty solicitors: persons prosecuted under summary procedure) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 20117—
(a) in paragraph (2)(b)(i), for “(5)” substitute “(5A)”,
(b) omit paragraphs (5) and (5B),
(c) in paragraph (5A), for “For the duration of the emergency period, representation” substitute “Representation”,
(d) for paragraph (8) substitute—
“
8 Paragraph (7) does not apply in relation to—
(a) proceedings before a court which has been designated as a youth court or a domestic abuse court by the sheriff...
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