The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment (No.2) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984 so as to increase the fees allowable to solicitors for legal aid in civil proceedings. The overall increase is around 7.5% and will apply to work done on or after 1st June 1990.

Regulation 2 and Schedule 1 substitute a new Table of Fees for the Table of Fees in Schedule 1 to the 1984 Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the Court of Session, and Chapter 1 of the Table also regulates solicitors' fees for legal aid in the House of Lords, Restrictive Practices Court and Employment Appeal Tribunal and, in certain circumstances, the Lands Tribunal for Scotland.)

Regulation 3 and Schedule 2 substitute a new Table of Fees for the Table of Fees in Schedule 2 to the 1984 Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the sheriff court. Chapter III of the Table of Fees also regulates solicitors' fees for legal aid in the Scottish Land Court and in certain circumstances the Lands Tribunal for Scotland.)

The Legal Aid (Scotland) Act 1967 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of legal aid applications which were granted before commencement of the 1986 Act on 1st April 1987 (see paragraph 3(1) of Schedule 4 to the 1986 Act). It is thus only in respect of work done following upon such applications that these Regulations increase the fees.