The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2012

Travel, accommodation and subsistence

14.—(1) For paragraph 20, substitute—

“20.— (1) The supplementary fee for travel prescribed in paragraph 7 of Chapters 1 and 2 of Part 1, paragraph 9 of Chapters 1 and 2 of Part 2 and paragraph 6 of Chapters 1 and 2 of Part 3 of the Table of Fees is chargeable only as provided for in this regulation.

(2) The fee is only chargeable where the travel involves a round trip exceeding 60 miles in each direction.

(3) The fee is not chargeable for travel to courts in any of the following locations for the purposes of a trial or any other hearing—

(a) Edinburgh;

(b) Glasgow;

(c) Airdrie;

(d) Alloa;

(e) Dunfermline;

(f) Falkirk;

(g) Hamilton;

(h) Kirkcaldy;

(i) Lanark;

(j) Livingston;

(k) Paisley;

(l) Stirling.

(4) Where counsel travels to a court in any of the locations listed in paragraph (3) for the purposes of a trial or any other hearing and also attends to business relating to any case on the same day, (subject to paragraph 5) the fee is not chargeable.

(5) The fee may be chargeable in the circumstances set out in paragraph (4) where the Board is satisfied that the trip relating to business in any case is separate and additional to the trip relating to the court.

(6) Counsel must, if required, produce vouching of the travel undertaken.

(7) The fee is chargeable once only in respect of each round trip, irrespective of the number of cases for which the trip is undertaken.

(8) The fee chargeable excludes any travel costs.”.

(2) For paragraph 21 substitute—

“21.   Necessary accommodation and subsistence is chargeable only—

(a) as an outlay up to the amount specified in specified in paragraph 8 of Chapters 1 and 2 of Part 1, paragraph 10 of Chapters 1 and 2 of Part 2 or paragraph 7 of Chapters 1 and 2 of Part 3 of the Table of Fees;

(b) where a supplementary fee for travel is chargeable in accordance with paragraph 20; and

(c) on cause shown.”.