The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 1994

Amendment of the principal Regulations

4.  In regulation 2(1) of the principal Regulations (interpretation):–

(a) for the definitions of “counsel” and of “junior counsel” and “junior”, there shall be substituted–

““counsel” includes a solicitor-advocate;”;

““junior counsel” or “junior” includes a junior solicitor-advocate;”; and

(b) for the definition of “rights of audience solicitor” to the end, there shall be -substituted–

““right of audience” means, in relation to a solicitor, a right of audience in the High Court of Justiciary which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980((1));

“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below;

“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (1A) below;

and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

(1A) For the purposes of these Regulations, a solicitor-advocate shall be–

(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the proceedings relate to a prosecution or conviction for murder or where the Board has authorised the employment of senior counsel under regulation 14(1)(a) or (2) of the Criminal Legal Aid (Scotland) Regulations(2));

(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.”.

(1)

1980 c. 46; section 25A was introduced by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), section 24.

(2)

S.I. 1987/307, amended by S.I. 1988/1126, 1992/527 and 1993/532.