The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2005

Made13th September 2005

Laid before the Scottish Parliament13th September 2005

Coming into force5th October 2005

The Scottish Ministers, in exercise of the powers conferred by sections 33(2)(a) and (3)(f) and 36(1) and (2)(a) of the Legal Aid (Scotland) Act19861 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 Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2005 and shall come into force on 5th October 2005.

Application2

These Regulations shall apply only to fees for work done and outlays incurred on or after 5th October 2005.

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

3

The Civil Legal Aid (Scotland) (Fees) Regulations 19892 are amended in accordance with the following regulations.

4

In paragraph 2 of Chapter III of Schedule 6–

a

substitute “from” where it first occurs with “for”; and

b

for “section 1 of the Mental Health (Scotland) Act 19843” substitute “section 328 of the Mental Health (Care and Treatment) (Scotland) Act 20034”.

Saving5

Notwithstanding regulation 4(b) above, in proceedings raised before 5th October 2005 by an assisted person who suffered for a significant period of the case from a mental disorder either within the meaning of section 1 of the Mental Health (Scotland) Act 1984 or section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003, the Civil Legal Aid (Scotland) (Fees) Regulations 1989 shall continue to have effect as if the amendments made by these Regulations had not been made.

CATHY JAMIESONA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh13th September 2005

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 as follows:–

a

the reference to the Mental Health (Scotland) Act 1984 is omitted and substituted with a reference to the Mental Health (Care and Treatment) (Scotland) Act 2003;

b

a savings provision is included so that solicitors' accounts for cases existing as at 5th October 2005 can continue to be paid in accordance with the regulatory regime existing immediately prior to the coming into force of these Regulations.

The Mental Health (Scotland) Act 1984 is replaced and repealed by the Mental Health (Care and Treatment) (Scotland) Act 2003.