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2.—(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989(1) are amended as follows.
(2) In Schedule 4, Table of Fees A(2) (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 | |
(a) where the hearing does not exceed 30 minutes | £60.00 | |
(b) where the hearing exceeds 30 minutes, for each subsequent half hour or part thereof | £50.00”. |
(3) In Schedule 4, Table of Fees B(3) (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 7(4) (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 2014(5);”.
(5) The amendments made by paragraph (2)(a) do not apply in the case of petitions for judicial review lodged before 22nd September 2015.
S.I. 1989/1490; relevant amending instruments are S.S.I. 2003/178, S.S.I. 2004/281, S.S.I. 2007/14, S.S.I. 2009/203, S.S.I. 2011/160 and 2013/144.
Table of Fees A was substituted by S.S.I. 2011/160.
Table of Fees B was substituted by S.S.I. 2011/160.
Schedule 7 was inserted by S.S.I. 2003/178 and amended by S.S.I. 2004/281, S.S.I. 2007/14, S.S.I. 2009/203, and S.S.I. 2013/144.
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