The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005

Made: 2nd March 2005

Laid before the Scottish Parliament: 3rd March 2005

Coming into force: 25th March 2005

The Scottish Ministers, in exercise of the powers conferred on them by section 33(2)(a) and (3), and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2005 and shall come into force on 25th March 2005.

Application

2

These Regulations apply only in respect of proceedings concluded on or after 4th April 2005.

Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

3

The Criminal Legal Aid (Scotland) (Fees) Regulations 1989[^f00002] are amended in accordance with the following Regulations.

4

In regulation 2(1) after the definition of “the 1986 Act” insert–

• “the 1988 Act” means the Road Traffic Act 1988[^f00003];
• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995[^f00004];
• “the 1995 Consolidation Act” means the Criminal Law (Consolidation) (Scotland) Act 1995[^f00005];
• “the 2000 Act” means the Terrorism Act 2000[^f00006];

5

In regulation 10(1) after “appears to” insert–

• the Board, or at taxation

6

For paragraph 4(b) of Schedule 1 substitute–

(b) Short formal letters, letters each having a similar nature, intimations and letters confirming telephone calls;

7

For Schedule 2 substitute the Schedule to these Regulations.

SCHEDULE — FEES OF COUNSEL

Signed

HUGH HENRY — Authorised to sign by Scottish Ministers — 2nd March 2005

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal Regulations”) so as to provide the following:–

• (a) Schedule 1 to the principal Regulations is amended to provide that where more than one letter, each of which has a similar subject matter, is sent the fee prescribed in paragraph 5(b) shall apply (regulation 5); and

• (b) regulation 10 of the principal Regulations is amended and Schedule 2 is substituted to provide that fees of Counsel will be determined by the Scottish Legal Aid Board, or after taxation by the Auditor of Court, in accordance with Schedule 2 (regulations 4 and 6).

Footnotes

[^f00001]: 1986 c. 47. Sections 33 and 36 were amended for purposes not relevant to these Regulations. The functions of the Secretary of State were transferred is the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

[^f00002]: S.I. 1989/1491 as relevantly amended by S.I. 1990/1035, 1991/566, 1992/374 and 1997/719, and by S.S.I. 2004/264.

[^f00003]: 1988 c. 52.

[^f00004]: 1995 c. 46, as relevantly amended by sections 1, 2 and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00005]: 1995 c. 39.

[^f00006]: 2000 c. 11.

[^f00007]: 1995 c. 46 as relevantly amended by sections 1, 2, and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00008]: 1988 c. 52.

[^f00009]: Section 3A of the Road Traffic Act 1988 (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).

[^f00010]: 2000 c. 11.

[^f00011]: 2003 c. 42.

[^f00012]: 1995 c. 39.

[^f00013]: 1995 c. 46, as relevantly amended by sections 1, 2 and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00014]: 1988 c. 52.

[^f00015]: Section 3A of the Road Traffic Act 1988 (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).

[^f00016]: 2000 c. 11.

[^f00017]: 2003 c. 42.

[^f00018]: 1995 c. 39.

[^f00019]: 1995 c. 46, as relevantly amended by sections 1, 2, and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00020]: 1995 c. 46, as relevantly amended by sections 1, 2 and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00021]: 1988 c. 52.

[^f00022]: Section 3A of the 1988 Act (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).

[^f00023]: 2000 c. 11.

[^f00024]: 2003 c. 42.

[^f00025]: 1995 c. 39.

[^f00026]: 1995 c. 46, as relevantly amended by sections 1, 2 and 25 and paragraph 24 of the schedule to the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5).

[^f00027]: Section 3A of the Road Traffic Act 1988 (c. 52) was inserted by section 3 of the Road Traffic Act 1991 (c. 40).