The Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011

Made26th January 2011

Laid before the Scottish Parliament28th January 2011

Coming into force28th February 2011

The Scottish Ministers make these Regulations in exercise of the powers conferred by section 33(2) and (3) of the Legal Aid (Scotland) Act 19861 and all other powers enabling them to do so.

Citation and commencement1.

These Regulations may be cited as the Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011 and come into force on 28th February 2011.

Application2.

These Regulations apply only in respect of travel commenced on or after 28th February 2011.

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 19893.

In the Civil Legal Aid (Scotland) (Fees) Regulations 19892—

(a)

in Schedule 33, after paragraph 5 insert—

“5A.
The fee for each quarter hour (or part thereof) spent travelling—
(a) by a solicitor
£5.45
(b) by a solicitor’s clerk
£2.70”;

(b)

in Schedule 54, after paragraph 5 insert—

“5A.
The fee for each quarter hour (or part thereof) spent travelling—
(a) by a solicitor
£7.27
(b) by a solicitor’s clerk
£3.59”

(c)

in Schedule 65, for “0.8 units” substitute “£7.27” in—

(i)

paragraph 6 of the notes on the operation of Chapter I; and

(ii)

paragraph 21 of the notes on the operation of Chapter II.

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 19894.

In Schedule 1 to the Criminal Legal Aid (Scotland) (Fees) Regulations 19896, in Part 1 of the Table of Fees, after paragraph 5 insert—

“5A.
The fee for each quarter of an hour spent travelling—
(a) by a solicitor
£5.28
£6.34
(b) by a solicitor’s clerk
£2.63
£3.17”

Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 19925.

In Schedule 1 to the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 19927, after paragraph 4 insert—

“4A.
The fee for each quarter of an hour (or part thereof) spent travelling—
(a)
by a solicitor is £5.28;
(b)
by a solicitor’s clerk is £2.63.”.

Amendment of the Advice and Assistance (Scotland) Regulations 19966.

In Schedule 3 to the Advice and Assistance (Scotland) Regulations 19968—

(a)

in Part I, after paragraph 4 in the table of fees insert—

“4A.
The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor
£5.28
£6.38
(b) by a solicitor’s clerk
£2.63
£3.18”;

(b)

in Part II, after paragraph D in the table of fees insert—

“DA.
The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor
£5.80
£6.38
£6.38
(b) by a solicitor’s clerk
£2.89
£3.18
£3.18”.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th January 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the fees payable to solicitors, and their clerks, for travelling in connection with the provision of advice and assistance (including assistance by way of representation) and legal aid.

“5A.	The fee for each quarter hour (or part thereof) spent travelling—
	(a) by a solicitor	£5.45
	(b) by a solicitor’s clerk	£2.70”;

“5A.	The fee for each quarter of an hour spent travelling—
	(a) by a solicitor	£5.28	£6.34
	(b) by a solicitor’s clerk	£2.63	£3.17”

“4A.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a) by a solicitor	£5.28	£6.38
	(b) by a solicitor’s clerk	£2.63	£3.18”;

“DA.	The fee for each quarter of an hour (or part thereof) spent travelling—
	(a) by a solicitor	£5.80	£6.38	£6.38
	(b) by a solicitor’s clerk	£2.89	£3.18	£3.18”.