The Criminal Legal Aid (Scotland) (Fees) Amendment (No. 3) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal Regulations”) and revoke, subject to a saving provision, the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005 and the Criminal Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 2005. They retain the substance of the revoked regulations by providing the following:–

(a) Schedule 1 to the principal Regulations is amended to provide that where more than one letter, each of which has a similar subject matter, is sent the fee prescribed in paragraph 5(b) shall apply (regulation 6); and

(b) regulation 10 of the principal Regulations is amended and Schedule 2 is substituted to provide that fees of Counsel will be determined by the Scottish Legal Aid Board, or after taxation by the Auditor of Court, in accordance with Schedule 2 (regulations 5 and 7).

The Regulations apply in respect of proceedings commenced on or after 4th April 2005 (regulation 2). The saving provision in regulation 8(2) preserves the application of the revoked regulations in respect of proceedings commenced before 4th April 2005 where that would result in counsel being entitled to a higher fee than would have been the case, had those regulations not been made.