The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015

Cited as:SSI 2015/337
Jurisdiction:Scotland

2015No. 337

LEGAL AID AND ADVICE

The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015

17thSeptember2015

17thSeptember2015

22ndSeptember2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2), (3) and (3A) and 36(2)(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 Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 22nd September 2015.

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 Schedule 4, Table of Fees A( 3) (fees of counsel for proceedings in the Court of Session)-

(a) in Chapter 3 (petitions for judicial review) of Part 1 (junior counsel)-(i) in paragraph 2 of the table, for "Motion for first orders" substitute "Oral hearing at permission stage or procedural hearing"; and(ii) in paragraph 3 of the table, for "First or second hearing" substitute "Substantive hearing".(b) in Chapter 6 (ordinary actions) of Part 1 (junior counsel), after paragraph 9 of the table insert-

"9A.

Any other hearing where no other fee is specified

(a) where the hearing does not exceed 30 minutes

£60.00

(b) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof

£50.00".

(3) In Schedule 4, Table of Fees B( 4) (fees of counsel for proceedings in the sheriff court), in Part 1 (junior counsel), after paragraph 16 of the table insert-

"17.

Any other hearing where no other fee is specified

Attendance for up to half hour, and for each subsequent half hour or part thereof

£55.00".

(4) In Schedule 7( 5) (sheriff court proceedings for which fees for work done shall only be payable under Schedule 5), at the appropriate place insert-

"proceedings in an all-Scotland sheriff court within the meaning of section 42(7) of the Courts Reform (Scotland) Act 2014( 6);".

(5) The amendments made by paragraph (2)(a) do not apply in the case of petitions for judicial review lodged before 22nd September 2015.

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

3.-(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989( 7) are amended as follows.

(2) In regulation 2(1) (interpretation), for the definition of "solicitor advocate"( 8) substitute-

""solicitor advocate" means-

(a) a solicitor who, in relation to the proceedings, has exercised a right of audience conferred by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980( 9); or(b) in relation to proceedings in the Sheriff Appeal Court, a solicitor who would have been entitled to exercise such a right of audience had the proceedings taken place in a court to which section 25A of that Act applied;".

(3) In regulation 11(1)(a), after "appeals," insert "or the Sheriff Appeal Court,".

(4) In paragraph 8 (interpretation) of Schedule 1( 10), in the definition of "court", after "Justiciary," insert "the Sheriff Appeal Court,".

(5) In Schedule 2( 11) (fees of counsel)-

(a) in the notes on the operation of the Schedule-(i) in the heading before paragraph 4, omit the words "in the High Court of Justiciary";(ii) in paragraph 6, for "6(a), (b) or (c)" substitute "6(a), (b), (c), (ca) or (cb)";(b) in Chapter 1 of Part II (fees of junior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)-(i) in sub-paragraph (a), for "except (b)" substitute "except (ab) or (b)";(ii) after sub-paragraph (a) insert-

"(ab)

all work in connection with a continued diet in relation to such an appeal

£30

£30

£30";

(c) in Chapter 1 of Part II, (fees of junior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert-

"(ca)

appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act( 12)

£700-£1,089

£500-£825

£400-£625

(cb)

referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act( 13)

£700-£1,089

£500-£825

£400-£625";

(d) in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)-(i) in sub-paragraph (a), for "except (b)" substitute "except (ab) or (b);(ii) after sub-paragraph (a), insert-

"(ab)

all work in connection with a continued diet in relation to such an appeal

£50"; and

(e) in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert-

"(ca)

appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act

£900-£1,250

(cb)

referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act

£900-£1,250".

Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

4. In regulation 4 of the Criminal Legal Aid (Scotland) Regulations 1996( 14) (distinct proceedings for the purpose of criminal legal aid), after paragraph (1)(e) insert-

"(ea) appeals to the Sheriff Appeal Court against conviction, sentence, other disposal or acquittal;(eb) appeals to the High Court of Justiciary under section 194ZB of the 1995 Act against a decision of the Sheriff Appeal Court;".

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

5.-(1) The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999( 15) are amended as follows.

(2) In...

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