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

Scottish Statutory Instruments

2002 No. 496

LEGAL AID AND ADVICE

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

Made

6th November 2002

Laid before the Scottish Parliament

7th November 2002

Coming into force

1st December 2002

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a) and (3) 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 S

1.  These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2002 and shall come into force on 1st December 2002.

Commencement Information

I1 Reg. 1 in force at 1.12.2002, see reg. 1

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 S

2.  The Civil Legal Aid (Scotland) (Fees) Regulations 1989(2) are amended in accordance with the following regulations.

Commencement Information

I2 Reg. 2 in force at 1.12.2002, see reg. 1

3.  In regulation 2(1) (interpretation), in the definition of “auditor” omit “, Restrictive Practices Court”.

Commencement Information

I3 Reg. 3 in force at 1.12.2002, see reg. 1

4.  For regulation 3(2) there is substituted–

“(2) Subject to paragraphs (3)(b), (4) and (5), solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.

(3) Where fees and outlays are recovered by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person–

(a) accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; and

(b) the Board may, subject to paragraphs (4) and (5), instead of making payment in accordance with paragraph (2), pay to the solicitor (and counsel as the case may be) who acted for that person, the amount of any fees and outlays so recovered.

(4) The Board shall only make payment in accordance with paragraph (3)(b) where–

(a) it receives a request for such payment from the solicitor who, at the conclusion of the proceedings, was acting for the person in receipt of legal aid; and

(b) that solicitor has consulted with any counsel who was acting for that person at the conclusion of the proceedings regarding that request.

(5) The Board shall deduct from the sum payable in accordance with paragraph (3)(b) the amount of any payment made, or due to be made, by it to the solicitor or counsel referred to in paragraph (4), or to any other solicitor or counsel who previously acted for that person, in respect of those proceedings.”.

Commencement Information

I4 Reg. 4 in force at 1.12.2002, see reg. 1

5.  In regulation 5(3) (fees and outlays allowable to solicitors)–

(a) omit “Restrictive Practices Court,”; and

(b) after “Lands Tribunal for Scotland” insert “, or before the Child Support Commissioners or the Social Security Commissioners,”.

Commencement Information

I5 Reg. 5 in force at 1.12.2002, see reg. 1

6.  In regulation 10(2) (fees allowable to counsel in certain proceedings)–

(a) omit “Restrictive Practices Court”; and

(b) after “Lands Tribunal for Scotland” insert “, or before the Child Support Commissioners or the Social Security Commissioners,”.

Commencement Information

I6 Reg. 6 in force at 1.12.2002, see reg. 1

R J SIMPSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th November 2002

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 that where there is an award of judicial expenses in favour of a person in receipt of civil legal aid, the Scottish Legal Aid Board may, if requested by that person’s solicitor, pay those expenses to the solicitor (and any counsel who acted in the case) instead of the fees and outlays prescribed in the principal Regulations (regulation 4).

Regulations 5(b) and 6(b) amend the principal Regulations to provide that certain fees prescribed in those Regulations shall be payable to solicitors and counsel for work done in relation to proceedings before the Social Security Commissioners and the Child Support Commissioners.

The Regulations also remove references to the Restrictive Practices Court (regulations 3, 5(a) and 6(a)).

(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. 1989/1490, amended by S.I. 1990/473, 1991/565, 1994/1015 and 1233, 1995/1044, 1997/689 and 1999/1042.