The Criminal Legal Assistance (Fees) (Scotland) Regulations 2010

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

3.  After regulation 4(6) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(1) insert—

“(6A) Where, in respect of the same matter—

(a) a solicitor (“solicitor A”) is entitled, by virtue of regulation 7(5)(a)(ii) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008(2), to separate payment in relation to the provision of advice and assistance to, or representation of, an assisted person at a police station; and

(b) a different solicitor (“solicitor B”) provides further criminal legal assistance to the assisted person,

the fixed payment payable to solicitor B under (as the case may be) Part 1 of Schedule 1 or 1B or Schedule 1A is, subject to paragraph (6B), to be reduced by the amount of the fee to which solicitor A is entitled.

(6B) Where more than one solicitor provided the further criminal legal assistance referred to in paragraph (6A)(b), the fixed payment payable to each solicitor in respect of that assistance is to be reduced by the quotient of the fee to which solicitor A is entitled divided by the number of solicitors who provided the assistance.

(6C) If solicitor A was, at the time of providing criminal legal assistance to the assisted person, employed by the Board by virtue of section 28A of the Act(3), solicitor A is to be deemed not to have been so employed for the purposes of determining the reduction to any fixed payment in accordance with paragraph (6A) or (6B).”.

(1)

S.S.I. 1999/1820; amended by S.I. 1999/1820 and S.S.I. 1999/48, 2001/307, 2002/247 and 442, 2003/249, 2004/51, 126 and 263, 2005/93, 2006/234 and 2008/240.

(2)

S.S.I. 2008/240.

(3)

Section 28A was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 50 and has been amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 73.