The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2002

Made21st May 2002

Laid before the Scottish Parliament23rd May 2002

Coming into force17th June 2002

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a) and (3)(b) of the Legal Aid (Scotland) Act 19861 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2002 and shall come into force on 17th June 2002.

Application2

These Regulations shall apply only to outlays incurred on or after 17th June 2002.

Amendment of the principal Regulations3

In regulation 8(1)(b) of the Criminal Legal Aid (Scotland) (Fees) Regulations 19892 (outlays allowable to solicitors), after “exceed” there is inserted “such sums as are considered by the Board to be reasonable having regard to”.

JAMES WALLACEA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh21st May 2002

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 so that the outlays which may be paid to a solicitor by the Scottish Legal Aid Board (“the Board”) in respect of fees paid to witnesses (who are not Crown witnesses) shall not be restricted to the amount payable by the Crown for witnesses of the same category. Instead, the Board shall pay such fees as it considers to be reasonable, having regard to the amount payable to Crown witnesses (regulation 3).