The Legal Advice and Assistance (Scotland) Amendment Regulations 1989

Made14th August 1989

Laid before Parliament17th August 1989

Coming into force31st August 1989

The Secretary of State, in exercise of the powers conferred on him by sections 14A and 15 of the Legal Aid (Scotland) Act 19671, as read with section 45 of, and paragraph 3(1) of Schedule 4 to, the Legal Aid (Scotland) Act 19862, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation1

1

These Regulations may be cited as the Legal Advice and Assistance (Scotland) Amendment Regulations 1989 and shall come into force on 31st August 1989.

2

In these Regulations, the expression “the principal Regulations” means the Legal Advice and Assistance (Scotland) Regulations 19733.

Amendment of principal Regulations2

In Schedule 2 to the principal Regulations—

a

in paragraph 1(a) for the sum “£2.40” there shall be substituted the sum “£2.60”;

b

in paragraph 1(b) for the sums “£15.45” where it occurs twice and “£7.75” there shall be substituted, respectively, the sums “£16.85” in each case and “£8.45” ;

c

in paragraph 1(c) for the sum “£30.90” there shall be substituted the sum “£33.70”.

Sanderson of BowdenMinister of State, Scottish OfficeSt. Andrew’s House,Edinburgh14th August 1989

(This note is not part of the Regulations)

These Regulations amend the Legal Advice and Assistance (Scotland) Regulations 1973.

The Legal Aid (Scotland) Act 1967 as applied by the Legal Advice and Assistance Act 1972 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of applications for advice and assistance which were determined before commencement of the 1986 Act on 1st April 1987 (see paragraph 3(1) of Schedule 4 to the 1986 Act). It is thus only in respect of advice and assistance following upon such applications that these Regulations increase the fees.

These Regulations amend the sums specified in Schedule 2 to the principal Regulations so as to increase the fees allowable to solicitors in respect of work done in connection with the provision of legal advice or assistance by around 9%.