Search Legislation

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2017

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This is the original version (as it was originally made).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.

Scottish Statutory Instruments

2017 No. 310

Legal Aid And Advice

The Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2017

Made

20th September 2017

Laid before the Scottish Parliament

22nd September 2017

Coming into force

1st December 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2)(a) and (3) and 36(1) and (2)(a) and (c) of the Legal Aid (Scotland) Act 1986(1) and all other powers enabling them to do so.

Citation and Commencement

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) (Miscellaneous Amendments) Regulations 2017 and come into force on 1st December 2017.

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

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

(2) In regulation 2(1) (interpretation), in paragraph (a) of the definition of “auditor”, after “Lands Valuation Appeal Court” insert “, First-tier Tribunal for Scotland”(3).

(3) After regulation 5(1A) (fees and outlays allowable to solicitors) insert—

(1B) A solicitor’s fees in relation to proceedings in the First-tier Tribunal for Scotland shall be calculated in accordance with schedule 2A..

(4) In regulation 10(1) (fees allowable to counsel), after “Sheriff Appeal Court” insert “, First-tier Tribunal for Scotland”.

(5) In schedule 2A (fees allowable for simple procedure cases)—

(a)in the heading of the schedule, after “cases” insert “and First-tier Tribunal for Scotland cases”;

(b)in paragraph 5(a) of the Table of Fees, after “court” insert “or First-tier Tribunal for Scotland”.

(6) In schedule 4 (fees of counsel for proceedings in the Court of Session, Sheriff Appeal Court, sheriff court and Upper Tribunal for Scotland)—

(a)in the heading, after “sheriff court” insert “, First-tier Tribunal for Scotland”;

(b)in paragraph 8—

(i)after “petition”, insert “, application”;

(ii)after “defences”, insert “, representations”;

(c)in paragraph 13, after “sheriff court” insert “, First-tier Tribunal for Scotland”;

(d)in Table of Fees B (fees of counsel for proceedings in the sheriff court, the Sheriff Appeal Court and Upper Tribunal for Scotland)—

(i)in the heading, after “sheriff court” insert “, First-tier Tribunal for Scotland”;

(ii)in paragraph 1 of Part 1, after “family action” insert “or applications to the First-tier Tribunal for Scotland”;

(iii)in paragraph 2 of Part 1, after “family action” insert “or representations to the First-tier Tribunal for Scotland”.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

3.—(1) The Civil Legal Aid (Scotland) Regulations 2002(4) are amended as follows.

(2) After regulation 4(1)(m) (distinct proceedings for the purposes of legal aid), insert—

(n)proceedings before the First-tier Tribunal for Scotland..

(3) In regulation 21(1)(c) (employment of counsel etc.), after “the Lands Tribunal for Scotland” insert “, the First-tier Tribunal for Scotland”.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

20th September 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Regulations”) and the Civil Legal Aid (Scotland) Regulations 2002.

Regulation 2 amends the 1989 Regulations to make provision consequential upon the addition of certain proceedings before the First-tier Tribunal for Scotland to the list of proceedings in Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986 (courts and tribunals in which civil legal aid is available) by the Legal Aid (Scotland) Act 1986 Amendment Regulations 2017 (S.S.I. 2017/xxx). It provides for the calculation of the fees of solicitors and counsel in relation to proceedings in the First-tier Tribunal for Scotland. It amends regulation 2 of the 1989 Regulations to specify the Auditor of the Court of Session as the relevant auditor in relation to legal aid accounts in the First-tier Tribunal for Scotland.

Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002 to provide for proceedings in the First-tier Tribunal for Scotland to be treated as distinct proceedings for the purposes of legal aid and to require the prior approval of the Scottish Legal Aid Board for the employment of counsel in the First-tier Tribunal for Scotland.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.

(1)

1986 c.47. Section 33(2) of the 1986 Act was amended by section 67(7)(b) of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(3)

Part 1 of schedule 2 of the Legal Aid (Scotland) Act 1986 is amended by S.S.I. 2017/xx to include proceedings before the First-tier Tribunal for Scotland in the list of proceedings. The First-tier Tribunal for Scotland is established by section 1 of the Tribunals (Scotland) Act 2014 (asp 10).

(4)

S.S.I. 2002/494; relevant amending instruments are S.S.I. 2009/312, S.S.I. 2010/166 and S.S.I. 2016/257.

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