Draft Regulations laid before the Scottish Parliament under section 37(2) of the Legal Aid (Scotland) Act 1986 for approval by resolution of the Scottish Parliament.
2022 No.
The Legal Aid and Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2022
Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(2)(e) and 33(2), (3)(b) and (f) of the Legal Aid (Scotland) Act 19861 and 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 commencement1
These Regulations may be cited as the Legal Aid and Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2022 and come into force on 1 April 2022.
Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 19892
In regulation 6 (duty solicitors’ fees) of the Criminal Legal Aid (Scotland) (Fees) Regulations 19892—
a
in paragraph (1)(a), for “£140” substitute “£165”
,
b
in paragraph (1)(b), for “£93” substitute “£115”
, and
c
in paragraph (2), for “£150” substitute “£250”
.
Amendments to the Advice and Assistance (Financial Limit) (Scotland) Regulations 19933
1
The Advice and Assistance (Financial Limit) (Scotland) Regulations 19933 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2 (interpretation)—
a
after the entry for “the Act” 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 19954;
b
after the entry for “distinct matter” 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 20145;
3
In regulation 3 (financial limit)—
a
in paragraph (b)(i), for “£95” substitute “£120”
,
b
in paragraph (b)(ii), for “£35” substitute “£45”
,
c
in paragraph (c)(i) and (ii), for “£90” substitute “£105”
,
d
in paragraph (c)(iii), for “£35” substitute “£45”
,
e
in paragraph (c)(iv), for “£550” substitute “£705”
,
f
in paragraph (c)(v), for “£185” substitute “£330”
,
g
in paragraph (c)(vi), for “, the sum of £90” substitute “£195”
,
h
in paragraph (c)(vii), for “, the sum of £90” substitute “£195”
,
i
in paragraph (c)(viii), for “, the sum of £165” substitute “£265”
,
j
in paragraph (c)(ix), for “£165” substitute “£185”
, and
k
in paragraph (c)(xii), (xiii) and (xiv), for “£200” substitute “£350”
.
(This note is not part of the Regulations)