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The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2007

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

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5.  For regulation 11, substitute–

11.(1) If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund in respect of legal aid in criminal proceedings in–

(a)the High Court, including appeals, the matter shall be referred for taxation to the Auditor of the Court of Session;

(b)the Judicial Committee of the Privy Council, the matter shall be referred for taxation to the Registrar of the Judicial Committee of the Privy Council; or

(c)the sheriff or district court, the matter shall be referred for taxation to the auditor of the sheriff court for the district in which those proceedings took place.

(2) A reference to an auditor under this regulation may be made at the instance of the solicitor concerned or, where the question in dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board and the auditor concerned shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and the Board.

(3) The Board and any other party to a reference under paragraph (1)(a) or (c) shall have the right to state written objections to the High Court or, as the case may be, the sheriff in relation to the report of the auditor within 14 days of issue of such report and the Board and any such other party may be heard thereon.

11A.(1) In relation to proceedings in the Judicial Committee of the Privy Council, the Board and any other party to a reference to the auditor who is dissatisfied with all or part of a taxation shall have the right to lodge a petition to the Judicial Committee of the Privy Council within 14 days of the taxation setting out the items objected to and the nature and grounds of the objections.

(2) The petition shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

(3) Any party upon whom such a petition is delivered may within 14 days after such delivery lodge a response to the petition which shall be served on the Board, any such other party who attended the taxation and any other party to whom the auditor directs that a copy should be delivered.

(4) The petition and responses, if any, shall be considered by a Board of the Judicial Committee of the Privy Council which may allow or dismiss the petition without a hearing, invite any or all of the parties to lodge submissions or further submissions in writing or direct that an oral hearing be held..

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