The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the following instruments made under the Legal Aid (Scotland) Act 1986:

• the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Civil Regulations”),

• the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Criminal Regulations”),

• the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992,

• the Advice and Assistance (Scotland) Regulations 1996 (“the 1996 Regulations”),

• the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the 1999 Regulations”),

• the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (“the 2008 Regulations”).

Regulation 2 provides that—

• except in relation to the amendments made by regulation 6(4) and (6), and regulation 7, the amendments in these Regulations apply only to fees for work done or outlays incurred on or after 1 April 2022. Where work which qualifies for a fee prescribed under these Regulations (except under regulations 6(4) and (6) and 7) is conducted over more than one date, the work is deemed to have been done on the day on which the work comes to an end, and

• the amendments in regulation 6(4) and (6) (assistance by way of representation) and regulation 7 (fixed payments) apply only in relation to a case where the criminal legal assistance concerned is granted or made available on or after 1 April 2022.

Regulations 3 to 7 make amendments to the above instruments to increase fees and outlays for legal aid and advice and assistance by 5%.

Regulation 3(8) also makes minor textual amendments to the headings in the fee tables in the 1989 Civil Regulations which make provision for fees of counsel for proceedings in the Court of Session, to clarify which fees are to apply where the work done is not specified in any of the chapters in those tables.

Regulations 4 (amending the 1989 Criminal Regulations), 6 (amending the 1996 Regulations) and 7 (amending the 1999 Regulations) also make provision for an additional fee to be paid to solicitors representing an accused person appearing from custody when doing so on a day which has been designated a court holiday.

Regulation 8 amends regulation 7 of the 2008 Regulations to make provision ensuring that holiday court fees are not subsumed within a single consolidated payment where different types of criminal legal assistance are given in relation to the same matter. This provision avoids any holiday court fee which would otherwise be payable as result of the amendments noted above becoming subsumed within a single payment.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrew’s House, Edinburgh EH1 3DG, and online at www.legislation.gov.uk.