Search Legislation

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2010

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the 1989 Regulations

This section has no associated Executive Note

4.—(1) Schedule 2 to the 1989 Regulations is amended as follows.

(2) In the notes on the operation of Schedule 2—

(a)in paragraph 1 for “fees shall be calculated” substitute “fees including those within a range of fees, shall be determined or calculated”;

(b)in paragraph 3—

(i)in subparagraph (b) for “counsel shall only be allowed the fees” substitute “counsel’s fees shall be allowable as”;

(ii)in subparagraph (e) after the words “junior counsel” where they first appear insert “or for more than one junior counsel” and at the end insert “or more than one junior counsel”;

(iii)in subparagraph (f), at the beginning insert “except on cause shown,”;

(c)for paragraphs 4 to 11 substitute the text in Schedule 1 to these Regulations;

(d)in paragraph 17—

(i)in subparagraph (i) after “paragraph 3” insert “(a) or (b)”;

(ii)after subparagraph (i) insert—

; and

(j)in the same circumstances as those described at paragraph (i) above, but where the category of charge falls under paragraph 3(c) of Chapter 1 or 2 of Part I, the fee payable shall be that prescribed in paragraph 4(a) of Chapter 1 or 2 of Part I.;

(e)in paragraph 17A for “(u)” substitute “(t)”;

(f)in paragraph 20 after “Chapters 1 and 2 of Part 1” insert “, paragraph 9 of Chapters 1 and 2 of Part II”;

(g)in paragraph 21 after “Chapters 1 and 2 of Part 1” insert “, paragraph 10 of Chapters 1 and 2 of Part II”.

(3) In Part 1 of the Table of Fees (fees of counsel for proceedings in the High Court of Justiciary)—

(a)in Chapter 1 (junior counsel)—

(i)after paragraph 1B (a), insert—

(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidencePayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.;

(ii)in paragraph 4(j)(iii), for “£455 £395 £275” substitute “£495 £430 £305” respectively;

(b)in Chapter 2 (senior counsel)—

(i)after paragraph 1B (a), insert—

(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidencePayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.;

(ii)in paragraph 4(j)(iii) for “£515” substitute “£560”.

(4) In Part II of the Table of Fees (fees of counsel in appeal proceedings)—

(a)for Chapters 1 and 2 substitute the text in Schedule 2 to these Regulations; and

(b)delete Chapter 3.

(5) In Part III of the Table of Fees (fees of counsel for proceedings in the sheriff and district court), in Chapter 1 (junior counsel), paragraph 3(j)(ii), for the fee “£300” substitute “£305”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources