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

Made25th September 2002

Laid before the Scottish Parliament27th September 2002

Coming into force1st November 2002

The Scottish Ministers, in exercise of the powers conferred by sections 33 and 41A 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 (Fixed Payments) (Scotland) Amendment (No. 2) Regulations 2002 and shall come into force on 1st November 2002.

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19992.

(1)

The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19992 shall be amended in accordance with the following paragraph.

(2)

In the definition of “excluded proceedings” in regulation 2(1), after sub-paragraph (j) there is inserted–

“(k)
proceedings in relation to which legal aid is only available by virtue of section 22(1)(dd)3 of the Act (solicitor appointed by court for person accused of sexual offence)”.

R. J. SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

25th September 2002

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 to provide that fixed payment criminal legal aid shall not apply to proceedings where a court has appointed a solicitor to act for a person accused of a sexual offence.