The Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2002

Scottish Statutory Instruments

2002 No. 440

LEGAL AID AND ADVICE

The Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2002

Made

25th September 2002

Laid before the Scottish Parliament

27th September 2002

Coming into force

1st November 2002

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a) of the Legal Aid (Scotland) Act 1986(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2002 and shall come into force on 1st November 2002.

Amendment of the principal Regulations

2.  In regulation 2(1) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989(2) (interpretation), for the definition of “nominated solicitor” there is substituted–

• ““nominated solicitor” means–

  (a)

  the solicitor nominated to act by a person to whom criminal legal aid has been made available; or

  (b)

  the solicitor appointed under section 288D of the Criminal Procedure (Scotland) Act 1995(3) (appointment by court of solicitor for person accused of sexual offence)”.

R. J. SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th September 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 so that, for the purposes of those Regulations, a “nominated solicitor” includes a solicitor appointed by the court to act for a person accused of a sexual offence.

(1)

1986 c. 47. 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).

(2)

S.I. 1989/1491, as amended by S.I. 1990/474 and 1035, 1991/566, 1992/374, 1994/1019, 1997/719, 1999/491 and 1042 and S.S.I. 2002/246.

(3)

1995 c. 46; section 288D was inserted by the Sexual Offences (Procedure and Evidence) (Scotland) Act 2002 (asp 9), section 2(1).