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The Legal Aid (Supreme Court) (Scotland) Regulations 2009
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- 2009 No. 312
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend legal aid legislation in consequence of the transfer of jurisdictions from the House of Lords and the Judicial Committee of the Privy Council to the Supreme Court. That transfer (provided for by virtue of section 40 of the Constitutional Reform Act 2005) and the amendments made by these Regulations will take effect on 1st October 2009.
Fees and outlays for work done in relation to proceedings in the House of Lords or the Judicial Committee of the Privy Council may not have been calculated or, as the case may be, subjected to taxation before 1st October 2009. Transitional scenarios are dealt with as follows:
Regulation 2 provides that these Regulations do not apply in respect of proceedings in the House of Lords where the proceedings were concluded and a reference for taxation made before the transfer of jurisdiction. Any dispute or question as to the amount of fees or outlays in respect of those proceedings will therefore continue to be dealt with by the Auditor of the Court of Session after 1st October 2009 as it would have been before that date.
Any dispute or question as to the amount of fees or outlays in respect of proceedings in the Judicial Committee of the Privy Council would, before 1st October 2009, be referred for taxation to the Registrar of that court. The effect of regulation 9(a) is that after 1st October 2009 any such dispute or question will be referred for taxation to the Registrar of the Supreme Court. So too will any dispute or question relating to proceedings in the House of Lords where a reference for taxation has not been made to the Auditor of the Court of Session before that date and regulation 2 therefore does not apply.
As a result of the transfer of jurisdictions, some proceedings begun in the House of Lords or the Judicial Committee of the Privy Council will continue in the Supreme Court. Regulation 9(b) provides that for the purposes of the legal aid legislation amended by these Regulations, such transferred proceedings are deemed to have been conducted wholly in the Supreme Court.
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