The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the principal Regulations”).

Regulation 3(2)(a) amends regulation 4(3) of the principal Regulations to reflect the insertion of regulation 4(1C) by the Criminal Legal Assistance (Fees and Information) (Scotland) Regulations 2008(1).

Regulation 3(2)(b) amends regulation 4(7)(c) of the principal Regulations in consequence of the amendment made by regulation 3(4) of these Regulations.

Regulation 3(3) and (5)(c) removes the fixed payments for work done in connection with an application for bail subject to a movement restriction condition under section 24A of the Criminal Procedure (Scotland) Act 1995(2) (“the 1995 Act”).

Regulation 3(4) amends Schedule 1A to the principal Regulations to allow a fixed payment for all work done in connection with a bail appeal under section 32 or 201(4) of the 1995 Act.

Regulation 3(5)(a) amends Schedule 1B to the principal Regulations to allow (in relation to cases to which paragraph 1 of that Schedule applies) a fixed payment to be made under paragraph 10 of that Schedule for all work done in connection with a bail appeal under section 32 or 201(4) of the 1995 Act.

Regulation 3(5)(b) amends paragraph 3 of Schedule 1B to the principal Regulations to increase the payment prescribed for work done in connection with a complaint in relation to a breach of bail conditions under section 27(1)(b) of the 1995 Act.

These Regulations apply in relation to proceedings commenced on or after 5th July 2010. The amendments made by regulation 3(4) and (5)(a) (allowing an additional fixed payment in connection with bail appeals) also apply in relation to proceedings commenced on or after 30th June 2008 if the proceedings were continuing when these Regulations were made (regulation 2).

(1)

S.S.I. 2008/240.

(2)

1995 c.46.