2015 No. 337

Legal Aid And Advice

The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2), (3) and (3A) and 36(2)(c) 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 (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 22nd September 2015.

Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 19892

1

The Civil Legal Aid (Scotland) (Fees) Regulations 19892 are amended as follows.

2

In Schedule 4, Table of Fees A3 (fees of counsel for proceedings in the Court of Session)—

a

in Chapter 3 (petitions for judicial review) of Part 1 (junior counsel)—

i

in paragraph 2 of the table, for “Motion for first orders” substitute “Oral hearing at permission stage or procedural hearing”; and

ii

in paragraph 3 of the table, for “First or second hearing” substitute “Substantive hearing”.

b

in Chapter 6 (ordinary actions) of Part 1 (junior counsel), after paragraph 9 of the table insert—

9A.

Any other hearing where no other fee is specified

  1. a

    where the hearing does not exceed 30 minutes

£60.00

  1. a

    where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof

£50.00

3

In Schedule 4, Table of Fees B4 (fees of counsel for proceedings in the sheriff court), in Part 1 (junior counsel), after paragraph 16 of the table insert—

17.

Any other hearing where no other fee is specified

Attendance for up to half hour, and for each subsequent half hour or part thereof

£55.00

4

In Schedule 75 (sheriff court proceedings for which fees for work done shall only be payable under Schedule 5), at the appropriate place insert—

  • proceedings in an all-Scotland sheriff court within the meaning of section 42(7) of the Courts Reform (Scotland) Act 20146;

5

The amendments made by paragraph (2)(a) do not apply in the case of petitions for judicial review lodged before 22nd September 2015.

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 19893

1

The Criminal Legal Aid (Scotland) (Fees) Regulations 19897 are amended as follows.

2

In regulation 2(1) (interpretation), for the definition of “solicitor advocate”8 substitute—

  • “solicitor advocate” means—

    1. a

      a solicitor who, in relation to the proceedings, has exercised a right of audience conferred by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 19809; or

    2. b

      in relation to proceedings in the Sheriff Appeal Court, a solicitor who would have been entitled to exercise such a right of audience had the proceedings taken place in a court to which section 25A of that Act applied;

3

In regulation 11(1)(a), after “appeals,” insert “or the Sheriff Appeal Court,”.

4

In paragraph 8 (interpretation) of Schedule 110, in the definition of “court”, after “Justiciary,” insert “the Sheriff Appeal Court,”.

5

In Schedule 211 (fees of counsel)—

a

in the notes on the operation of the Schedule—

i

in the heading before paragraph 4, omit the words “in the High Court of Justiciary”;

ii

in paragraph 6, for “6(a), (b) or (c)” substitute “6(a), (b), (c), (ca) or (cb)”;

b

in Chapter 1 of Part II (fees of junior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)—

i

in sub-paragraph (a), for “except (b)” substitute “except (ab) or (b)”;

ii

after sub-paragraph (a) insert—

(ab)

all work in connection with a continued diet in relation to such an appeal

£30

£30

£30

c

in Chapter 1 of Part II, (fees of junior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert—

(ca)

appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act12

£700-£1,089

£500-£825

£400-£625

(cb)

referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act13

£700-£1,089

£500-£825

£400-£625

d

in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)—

i

in sub-paragraph (a), for “except (b)” substitute “except (ab) or (b);

ii

after sub-paragraph (a), insert—

(ab)

all work in connection with a continued diet in relation to such an appeal

£50

e

in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert—

(ca)

appeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act

£900-£1,250

(cb)

referral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act

£900-£1,250

Amendment of the Criminal Legal Aid (Scotland) Regulations 19964

In regulation 4 of the Criminal Legal Aid (Scotland) Regulations 199614 (distinct proceedings for the purpose of criminal legal aid), after paragraph (1)(e) insert—

ea

appeals to the Sheriff Appeal Court against conviction, sentence, other disposal or acquittal;

eb

appeals to the High Court of Justiciary under section 194ZB of the 1995 Act against a decision of the Sheriff Appeal Court;

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 19995

1

The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 199915 are amended as follows.

2

In regulation 2(1)16 (interpretation), in sub-paragraph (l) of the definition of “excluded proceedings”, omit the words “to the High Court”.

3

In Part 1 of Schedule 117, for paragraph 13 of the table substitute—

13(a) All work done in connection with a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under paragraph (b) or (c).

£50

£50

£50

(b) Representation in such an appeal where counsel not employed.

£30

£30

£30

(c) Representation at a continued diet in such an appeal where counsel not employed.

£30

£30

£30

PAUL WHEELHOUSEAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989, the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, the Criminal Legal Aid (Scotland) Regulations 1996 and the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999.

The amendments—

  • provide for a criminal appeal to the Sheriff Appeal Court to be treated as a distinct matter for the purposes of legal aid;

  • expand the definition of “solicitor advocate” in the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 to include solicitor advocates acting in relation to criminal appeals to the Sheriff Appeal Court;

  • prescribe the fees payable to solicitors and counsel in relation to bail appeals to the Sheriff Appeal Court;

  • revise the table of fees applying to junior counsel in judicial review proceedings to take account of the new procedure introduced by section 89 of the 2014 Act; and

  • make provision in relation to the fees payable in relation to proceedings in an all-Scotland sheriff court established under section 41 of the 2014 Act and in relation to civil hearings for which no fee is otherwise prescribed.