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Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Jurors’ Allowances (Scotland) Regulations 2010 and come into force on 10th January 2011.

(2) The Jurors’ Allowances (Scotland) Regulations 1977(1) are revoked.

Interpretation

2.—(1) In these Regulations any reference to a juror includes a reference to a person who, in obedience to a citation to serve on a jury, attends for service as a juror notwithstanding that he is not subsequently empanelled, and any reference to service as a juror shall be construed accordingly.

(2) In these Regulations, unless the context otherwise requires—

“the Act” means the Juries Act 1949;

“determined” means determined by the Scottish Ministers from time to time; and

“public service” means any service provided for travel by the public by railway, ship, vessel, omnibus or aeroplane.

Travelling allowance

3.  The travelling allowance to which a juror is entitled under section 24 (payments in respect of jury service in Scotland) of the Act shall be in accordance with the rates determined in accordance with the Schedule.

Subsistence allowance

4.—(1) The subsistence allowance to which a juror is entitled under section 24 of the Act shall be calculated in accordance with paragraph (2).

(2) In respect of any period other than a period during which meals are provided for jurors, the subsistence allowance shall be—

(a)if the period on any one day during which a juror is necessarily absent from their place of residence, business or employment for the purpose of serving as a juror does not exceed ten hours, a fixed rate in respect of that day as determined;

(b)if the said period on any one day exceeds ten hours, a fixed rate in respect of that day as determined.

Financial loss allowance

5.—(1) Jurors will be entitled to make a claim for financial loss in respect of—

(a)loss of earnings or welfare benefits (under enactments relating to social security) or additional expense in accordance with paragraphs (2) and (3), and

(b)where necessary additional expenditure has been incurred, any additional childminding or carer expenses in accordance with paragraph (4).

(2) The compensation for loss of earnings or welfare benefits which a juror would otherwise have received or additional expense (other than expense on account of travelling or subsistence) to which they would not otherwise have been subject and to which they are entitled under section 24 of the Act, shall be the amount of that loss or additional expense except as provided in paragraphs (3) and (4).

(3) Where in obedience to a citation to serve on a jury, a person performs services as a juror, the amount payable under paragraph (1)(a) to a person shall be a rate payable which shall not exceed the rate to be determined in respect of the following periods:—

(a)where a juror has served for not more than four hours;

(b)where a juror has served for at least four hours but no more than five days;

(c)where a juror has served for at least six days but no more than one hundred days;

(d)where a juror has served for at least one hundred and one days.

(4) Where in obedience to a citation to serve on a jury, a person performs services as a juror, the amount payable under this regulation to a person shall be the additional expense the juror incurred in employing a childminder, other child carer, or carer for a dependent adult to which the juror would not otherwise have been subject, provided that the amount shall not exceed the fixed amount to be determined.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

30th November 2010