2006 No. 515
LEGAL AID AND ADVICE

The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2006

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a), (3)(a), (b) and (f) of the Legal Aid (Scotland) Act 19861, 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 Regulations 2006 and shall come into force on 16th November 2006.

Application

2.

These Regulations shall apply only to fees for work done on or after 1st December 2005.

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

3.

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

4.

In regulation 5–

(a)

at paragraph (1) for “£83.75” and “£10.55” substitute “£93.80” and “£11.82” respectively; and

(b)

at paragraph (2) for “sections 20, 20A and 20B of the Criminal Procedure (Scotland) Act 1975” substitute “sections 35 to 39 of the Criminal Procedure (Scotland) Act 19953”.

5.

In regulation 6–

(a)

at paragraph (1)–

(i)

at sub-paragraph (a) for “£44.40”, “£6.00” and “£96.25” substitute “£47.95”, “£6.48” and “£103.95” respectively; and

(ii)

at sub-paragraph (b) for “£44.40”, “£6.00” and “£64.55” substitute “£47.95”, “£6.48” and “£69.71” respectively; and

(b)

at paragraphs (2) and (3) for “£108.85” substitute “£121.91”.

6.

Schedule 14 is amended as follows–

(a)

at paragraph 1(a), for “£31.50” substitute “£34.02”;

(b)

at paragraph 1(b), for “£15.75” substitute “£17.01”;

(c)

at paragraph 2, for “£11.05” substitute “£12.38”;

(d)

at paragraph 3(a), for “£10.55”, where it second occurs, substitute “£11.82”;

(e)

at paragraph 3(b), for “£5.25”, where it second occurs, substitute “£5.88”;

(f)

at paragraph 4, for “£6.00”, where it second occurs, substitute “£6.72”;

(g)

at paragraph 5, for “£2.40”, where it second occurs, substitute “£2.69”; and

(h)

at paragraph 6, for “£0.08”, where it second occurs, substitute “£0.09”.

HUGH HENRY
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal Regulations”) to provide that the fees payable to solicitors in solemn proceedings be increased by 8% for advocacy work and by 12% for all other categories of work (regulations 4, 5 and 6). The fees payable to duty solicitors are increased for all proceedings. The increase is backdated to apply to fees for work done on or after 1st December 2005 (regulation 2). A statutory reference in regulation 5 of the principal Regulations is updated (regulation 4).