Search Legislation

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made).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

Citation and commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2015 and come into force on 1st January 2016.

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

2.—(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a)in the definition of “auditor”, after paragraph (a) insert—

(aa)in relation to proceedings in the Sheriff Appeal Court, the auditor of the sheriff court for the sheriffdom in which the proceedings were heard;; and

(b)for the definition of “solicitor-advocate” substitute—

“solicitor-advocate” means a solicitor having a right of audience, whether instructed by another solicitor or not, when and only when—

(a)

that solicitor is exercising that right of audience or acting in connection with the exercise of that right; or

(b)

in relation to proceedings in the Sheriff Appeal Court—

(i)

the Board has authorised the employment of counsel under regulation 21(1)(ca) of the Civil Legal Aid (Scotland) Regulations 2002(2); and

(ii)

that solicitor would have been exercising that right of audience, or acting in connection with the exercise of that right, had the proceedings taken place in a court to which section 25A of the Solicitors (Scotland) Act 1980 applied;.

(3) In regulation 4 (fees and outlays allowable to solicitors), for “regulation 8” substitute “regulations 7A and 8”.

(4) In regulation 5 (fees and outlays allowable to solicitors)—

(a)after paragraph (1) insert—

(1A) A solicitor’s fees in relation to proceedings in the Sheriff Appeal Court shall be calculated in accordance with either Schedule 5 or Schedule 6 but it shall not be competent to charge fees partly on the basis of Schedule 5 and partly on the basis of Schedule 6.;

(b)in paragraph (4)—

(i)after “In all Court of Session proceedings” insert “or proceedings in the Sheriff Appeal Court”; and

(ii)for “The Court of Session in deciding” substitute “The Court of Session, or as the case may be the Sheriff Appeal Court, in deciding”.

(5) After regulation 7 insert—

Single account where other solicitor employed

7A.(1) Paragraphs (2) and (3) apply where a solicitor (“the nominated solicitor”) instructs another solicitor to carry out work in relation to proceedings (other than proceedings in the Sheriff Appeal Court, the Court of Session or the Supreme Court).

(2) Accounts in respect of fees and outlays allowable to solicitors shall be submitted to the Board only by the nominated solicitor, payment of the other solicitor being a matter for adjustment between the nominated solicitor and the other solicitor out of the fees and outlays allowed to the nominated solicitor.

(3) In determining the sum to be allowed to the nominated solicitor, the Board shall take into account also the work carried out by the other solicitor..

(6) In regulation 10(1) (fees allowable to counsel), after “Court of Session” insert “, Sheriff Appeal Court”.

(7) In regulation 12(4) (taxation of fees and outlays)—

(a)after sub-paragraph (a) insert—

(aa)in relation to any report of the auditor of a sheriff court in relation to proceedings in the Sheriff Appeal Court, the Sheriff Appeal Court;; and

(b)in sub-paragraph (b), after “auditor of a sheriff court” insert “(other than a report in relation to proceedings in the Sheriff Appeal Court)”.

(8) In Schedule 2 (fees of solicitors for proceedings in the sheriff court)—

(a)in Chapter II of the Table of Fees (defended actions (other than actions to which Chapter III or IV applies)), omit paragraph 19 (appeals); and

(b)in Part II (defended actions) of Chapter III of the Table of Fees (summary cause), omit paragraph 21.

(9) In Schedule 4 (fees of counsel for proceedings in the Court of Session and sheriff court)—

(a)in paragraph 13, after “sheriff court” insert “or the Sheriff Appeal Court”;

(b)in Table of Fees B (fees of counsel for proceedings in the sheriff court)—

(i)in paragraph 16 of Part 1 (junior counsel), for “sheriff principal” substitute “Sheriff Appeal Court”;

(ii)in paragraph 6 of Part 2 (senior counsel), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(iii)the heading becomes “Table of Fees B – Fees of Counsel for proceedings in the sheriff court and the Sheriff Appeal Court”; and

(c)the heading of the Schedule becomes “Fees of Counsel for proceedings in the Court of Session, Sheriff Appeal Court and sheriff court”.

(10) The heading of Schedule 5 becomes “Table of detailed fees chargeable by solicitors for proceedings in the Court of Session and the Sheriff Appeal Court, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in Schedule 7”.

(11) In Schedule 6 (table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in Schedule 7))—

(a)in Chapter II (sheriff court civil fees (defended))—

(i)in paragraph 18, for “Sheriff Principal” substitute “Sheriff Appeal Court”; and

(ii)in paragraph 5(e) of the table (preparation), for “Sheriff Principal” substitute “Sheriff Appeal Court”; and

(b)the heading of the Schedule becomes “Table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in Schedule 7) and in the Sheriff Appeal Court”.

(12) The amendments made by paragraphs (8) to (11) do not apply in the case of an appeal made to the sheriff principal prior to the commencement of section 109(1) of the Courts Reform (Scotland) Act 2014 (abolition of appeal from a sheriff to the sheriff principal).

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.—(1) The Civil Legal Aid (Scotland) Regulations 2002(3) are amended as follows.

(2) In regulation 2(1) (interpretation), for the definition of “solicitor-advocate” substitute—

“solicitor-advocate” means a solicitor having a right of audience, whether instructed by another solicitor or not, when and only when—

(a)

that solicitor is exercising that right of audience or acting in connection with the exercise of that right; or

(b)

in relation to proceedings in the Sheriff Appeal Court, that solicitor would have been exercising that right of audience, or acting in connection with the exercise of that right, had the proceedings taken place in a court to which section 25A of the Solicitors (Scotland) Act 1980 applied;.

(3) In regulation 4 (distinct proceedings for the purposes of legal aid)—

(a)in paragraph (1)(b), for “sheriff principal” substitute “Sheriff Appeal Court”; and

(b)for paragraph (2), substitute—

(2) Where proceedings are—

(a)initiated in the sheriff court and remitted to the Court of Session;

(b)initiated in the Court of Session and remitted to the sheriff court;

(c)initiated in the sheriff court and remitted to the Scottish Land Court; or

(d)initiated in the Sheriff Appeal Court and remitted to the Court of Session,

the proceedings in the court to which the case is remitted are not to be treated as distinct from the proceedings in the initial court..

(4) In regulation 21(1) (employment of counsel etc.), after sub-paragraph (c) insert—

(ca)for the employment of counsel in the Sheriff Appeal Court;.

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th November 2015

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

Policy Note

Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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