Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 1999 and shall come into force on 1st October 1999.

(2) In these Regulations, “the principal Regulations” means the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(1).

Amendment of principal Regulations

2.—(1) The principal Regulations shall be amended in accordance with the following paragraphs.

(2) In regulation 2 (interpretation)–

(a) in paragraph (1)–

(i) after the definition of “assisted person” there is inserted–

• ““diet of deferred sentence” includes those diets where the case has been adjourned for inquiries or reports under sections 201 (power of court to adjourn case before sentence) and 203 (reports) respectively of the 1995 Act;”; and

(ii) in sub-paragraph (g), for “177” there is substituted “234”(2); and

(b) after paragraph (2), there is inserted–

“(3) For the purposes of these Regulations, a trial shall be taken to commence when the first witness is sworn.”

(3) In Schedule 2 (specified sheriff courts)–

(a) the words “(where proceedings have taken place in Lochgilphead)” are omitted; and

(b) there is inserted at the appropriate places–

“Fort William”; and

“Wick”.

JIM WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

7th September 1999