The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal Regulations”) so as to reduce the fees allowed to solicitors for copying and simplify the drafting of the provisions or copying.

The Regulations provide that where a document is copied and it is necessary to take a copy of more than 20 sheets in relation to–

(a) the fees of solicitors for proceedings in the Court of Session and the fees of solicitor for proceedings in the sheriff court for any case where the cause or action in respect of which legal aid is made available was commenced before 1st January 1994, the fee for each sheet copied is £0.08 (regulations 3 and 4(1)). The previous provision provided that the fee for copying all necessary papers was £1.00 per sheet for the first copy and £0.43 for additional copies;

(b) the fees of solicitors for proceedings in the sheriff court for any case where the cause or action in respect of which legal aid is made available was commenced on or after 1st January 1994, the fee for each sheet copied is £0.08 (regulation 4(2)). The previous provision provided that the fee for copying all necessary papers was £1.00 per sheet for the first copy and £0.41 for additional copies;

(c) the detailed fees chargeable by solicitors for proceedings in the Court of Session and the sheriff court, the fee for each sheet copied is £0.08 (regulation 5). The previous provision provided that the fee where an exceptional amount of copying proved necessary was £0.35 per sheet (exceptional being defined as the production of more than 20 output copy sheets).

By virtue of regulation 2 the Regulations apply only to fees for work done on or after 1st April 1997.