The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022
Made: 26th January 2022
Laid before the Scottish Parliament: 28th January 2022
Coming into force: 1st April 2022
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 33(2), (3)(a), (b), (c) (f), and (3A), and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986[^f00001] and all other powers enabling them to do so.
Citation and Commencement
1
These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 1 April 2022.
Application
2
- (1) These Regulations apply only in relation to fees for work done or outlays incurred on or after 1 April 2022, except in relation to regulations 6(4) and (6), and 7.
- (2) Regulations 6(4) and (6), and 7 apply only in relation to a case where the criminal legal assistance concerned is granted or made available on or after 1 April 2022.
- (3) For the purposes of paragraph (1), where work for a fee prescribed in schedules 1 to 11 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.
Amendments to the Civil Legal Aid (Scotland) (Fees) Regulations 1989
3
- (1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989[^f00002] are amended as follows.
- (2) In regulation 5 (fees allowable to solicitors) in paragraph (2A) for “£22.72”[^f00003] substitute “£23.86”.
- (3) In Part 1 of Chapter 3 of schedule 2 (undefended actions), for the first table of fees substitute the table of fees in schedule 1 of these Regulations.
- (4) In Part 2 of Chapter 3 of schedule 2 (defended actions), for the first table of fees substitute the table of fees in schedule 2 of these Regulations.
- (5) In Chapter 4 of schedule 2 (executry business), for the table of fees substitute the table of fees in schedule 3 of these Regulations.
- (6) In schedule 2A (fees allowable to solicitors for simple procedure cases and First-Tier Tribunal for Scotland cases)[^f00004], for the table of fees substitute the table of fees in schedule 4 of these Regulations.
- (7) In schedule 3 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and the sheriff court), for the table of fees substitute the table of fees in schedule 5 of these Regulations.
- (8) In schedule 4 (fees of counsel for proceedings in the Court of Session, Sheriff Appeal Court, sheriff court, First-Tier Tribunal for Scotland and Upper Tribunal for Scotland)[^f00005], for the table of fees substitute the table of fees in schedule 6 of these Regulations.
- (9) In schedule 5 (table of detailed fees chargeable by solicitors for proceedings in the Court of Session, Sheriff Appeal Court, and Upper Tribunal for Scotland, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in schedule 7)[^f00006], for the table of fees substitute the table of fees in schedule 7 of these Regulations.
- (10) In schedule 6 (table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in schedule 7) and in the Sheriff Appeal Court)—
- (a) in Chapter 1 (sheriff court civil fees (undefended)) in the Notes on the operation of Chapter 1 in paragraph 6, for “£7.87”[^f00007] substitute “£8.27”,
- (b) in Chapter 2 (sheriff court civil fees (defended)) in the Notes on the operation of Chapter 2 in paragraph 21, for “£7.87”[^f00008] substitute “£8.27”.
Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
4
- (1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989[^f00009] are amended as follows.
- (2) In regulation 2 (interpretation)—
- (a) after the entry for “counsel” insert—
- “court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the 1995 Act;
- (b) after the entry for “High Court” insert—
- “holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014[^f00010];
- (3) In regulation 5(1) (fees allowance to solicitors: identification parades)[^f00011]—
- (a) in sub-paragraph (a)(i), for “£123.30” substitute “£129.47”,
- (b) in sub-paragraph (a)(ii), for “£13.72” substitute “£14.41”,
- (c) in sub-paragraph (b)(i), for “£101.46” substitute “£106.54”,
- (d) in sub-paragraph (b)(ii), for “£12.79” substitute “£13.43”.
- (4) In regulation 6 (duty solicitors’ fees)[^f00012]—
- (a) for “£68.14” in each place where it appears substitute “£71.55”,
- (b) for “£9.74” in each place where it appears substitute “£10.23”,
- (c) for “£75.71” in each place where it appears substitute “£79.50”,
- (d) after paragraph (2) insert—
(2A) Where a duty solicitor at a holiday court sitting acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint— (a) there shall be allowed to that solicitor, in addition to any fees under paragraph (1) and as may be under paragraph (2), a supplementary fee of £80.00 for appearing in relation to that case on that day, and (b) such supplementary fee shall not be taken into account for the purposes of any maximum total fee under paragraph (1) or in the calculation of any additional fee under paragraph (2).
- (5) In schedule 1 (fees of solicitors) in the Notes on the operation of schedule 1 in paragraph 7(1)[^f00013], for “£13.72” substitute “£14.41”.
- (6) In schedule 1 (fees of solicitors) in the table of fees, for Part 1 (detailed fees) and Part 2 (inclusive fees for solemn first instance proceedings) substitute the tables of fees in schedule 8 of these Regulations.
- (7) In schedule 2 (fees of counsel), for the table of fees substitute the table of fees in schedule 9 of these Regulations.
- (8) In schedule 3 (fees of counsel for proceedings in the supreme court), for the table of fees substitute the table of fees in schedule 10 of these Regulations.
Amendments to the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
5
- (1) The Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992[^f00014] are amended as follows.
- (2) In schedule 1 (table of fees allowable to solicitors for legal aid made available under section 30 of the Act in connection with proceedings for contempt of court)[^f00015]—
- (a) in paragraph 1(a), for “£29.65” substitute “£31.14”,
- (b) in paragraph 1(b), for “£14.83” substitute “£15.58”,
- (c) in paragraph 2(a), for “£11.42” substitute “£12.00”,
- (d) in paragraph 2(b), for “£5.69” substitute “£5.98”,
- (e) in paragraph 3, for “£6.49” substitute “£6.82”,
- (f) in paragraph 4, for “£2.61” substitute “£2.75”,
- (g) in paragraph 4A(a)[^f00016], for “£5.72” substitute “£6.01”,
- (h) in paragraph 4A(b), for “£2.85” substitute “£3.00”.
- (3) In paragraph 4 of schedule 2 (fees of counsel)[^f00017], for the tables of fees substitute the tables of fees in schedule 11 of these Regulations.
Amendments to the Advice and Assistance (Scotland) Regulations 1996
6
- (1) Schedule 3 (table of fees allowable to solicitors) of the Advice and Assistance (Scotland) Regulations 1996[^f00018] is amended as follows.
- (2) In Part 1 (table of fees allowable to solicitors for assistance by way of representation)—
- (a) in paragraph 1, for the table of fees substitute the table of fees in schedule 12 of these Regulations,
- (b) in paragraph 2 (interpretation), after the entry relating to a “page” insert—
- “court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
- “holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014[^f00019].
- (c) in paragraph 3 (petition by debtor for sequestration)[^f00020]—
- (i) in sub-paragraph (a), for “£35.86” substitute “£37.66”, and
- (ii) in sub-paragraph (b), for “£58.90” substitute “£61.85”.
- (3) In paragraph 1 of Part 2 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation), for the table of fees substitute the table of fees in schedule 13 of these Regulations.
- (4) In Part 3 (table of fees allowed to solicitors for assistance by way of representation for proceedings under sections 19, 30 and 36(1)(a) of the Criminal Justice (Scotland) Act 2016), for the table of fees substitute the table of fees in schedule 14 of these Regulations.
- (5) In Part 4 (table of fees allowed to solicitors for advice and assistance in relation to sections 32 and 44 of the Criminal Justice (Scotland) Act 2016)[^f00021]—
- (a) in paragraph 3 (standard rate) for “£81.12” substitute “£85.18”,
- (b) in paragraph 3 (higher rate) for “£107.89” substitute “£113.29”,
- (c) in paragraph 4(a) (standard rate) for “£124.38” substitute “£130.60”,
- (d) in paragraph 4(a) (higher rate) for “£165.42” substitute “£173.70”,
- (e) in paragraph 4(b)(i) (standard rate) for “£216.30” substitute “£227.12”,
- (f) in paragraph 4(b)(i) (higher rate) for “£287.68” substitute “£302.07”,
- (g) in paragraph 4(b)(ii) (standard rate) for “£54.08” substitute “£56.79”,
- (h) in paragraph 4(b)(ii) (higher rate) for “£71.93” substitute “£75.53”,
- (i) in paragraph 5 (standard rate) for “£32.45” substitute “£34.08”,
- (j) in paragraph 5 (higher rate) for “£43.16” substitute “£45.32”,
- (k) in paragraph 6 for “£12.55” in each place where it appears substitute “£13.18”,
- (l) in paragraph 6 for “£16.70” in each place where it appears substitute “£17.54”.
- (6) In Part 5 (table of fees allowable to solicitors for assistance by way of representation for proceedings under schedule 8 of the Terrorism Act 2000)[^f00022]—
- (a) for “£54.08” in each place where it appears substitute “£56.79”,
- (b) for “£81.12” in both places where it appears substitute “£85.18”,
- (c) for “£6.28” in both places where it appears substitute “£6.60”.
- (7) In Part 6 (table of fees allowable to solicitors for advice and assistance in relation to section 41 and schedule 7 of the Terrorism Act 2000 and Part 1 of schedule 3 of the Counter-Terrorism and Border Security Act 2019)[^f00023]—
- (a) in paragraph 3(a) (standard rate) for “£124.38” substitute “£130.60”,
- (b) in paragraph 3(a) (higher rate) for “£165.42” substitute “£173.70”,
- (c) in paragraph 3(b)(i) (standard rate) for “£216.30” substitute “£227.12”,
- (d) in paragraph 3(b)(i) (higher rate) for “£287.68” substitute “£302.07”,
- (e) in paragraph 3(b)(ii) (standard rate) for “£54.08” substitute “£56.79”,
- (f) in paragraph 3(b)(ii) (higher rate) for “£71.93” substitute “£75.53”
- (g) in paragraph 4 (standard rate) for “£32.45” substitute “£34.08”,
- (h) in paragraph 4 (higher rate) for “£43.16” substitute “£45.32”,
- (i) in paragraph 5(a) (standard rate) for “£12.55” substitute “£13.18”,
- (j) in paragraph 5(a) (higher rate) for “£16.70” substitute “£17.54”,
- (k) in paragraph 5(b) (standard rate) for “£12.55” substitute “£13.18”,
- (l) in paragraph 5(b) (higher rate) for “£16.70” substitute “£17.54”.
Amendments to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
7
- (1) The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00024] are amended as follows.
- (2) In regulation 2 (interpretation)—
- (a) after the entry for “continued diet” insert—
- “court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;
- (b) after the entry for “excluded proceedings” insert—
- “holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014;
- (3) In regulation 4 (fixed payments allowable to solicitors)—
- (a) in paragraphs (6) and (6ZA)[^f00025], for “£108.15” substitute “£113.56”,
- (b) in paragraph (9)(b), for “£108.15” substitute “£113.56”.
- (4) In schedule 1—
- (a) for the table of fees in Part 1 substitute the table of fees in Part 1 of schedule 15 of these Regulations,
- (b) for the table of fees in Part 2 substitute the table of fees in Part 2 of schedule 15 of these Regulations.
- (5) In schedule 1A for the table of fees substitute the table of fees in schedule 16 of these Regulations.
- (6) In schedule 1B—
- (a) for the table of fees in Part 1 substitute the table of fees in Part 1 of schedule 17 of these Regulations,
- (b) for the table of fees in Part 2 substitute the table of fees in Part 2 of schedule 17 of these Regulations.
Amendments to the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008
8
- (1) The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008[^f00026] are amended as follows.
- (2) After regulation 1 insert—
(1A) In these Regulations— - “court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995; and - “holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014.
- (3) In regulation 7 (single payment in summary criminal cases), after paragraph (5)(b) insert—
, (c) any supplementary fee payable to a solicitor for a holiday court sitting under regulation 6 or schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, schedule 3 of the Advice and Assistance (Scotland) Regulations 1996 or schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999.
SCHEDULE 1 — Amendments to Part 1 of Chapter 3 of schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| Part 1 - Undefended Actions | Part 1 - Undefended Actions | Part 1 - Undefended Actions | Part 1 - Undefended Actions |
|---|---|---|---|
| 1. | The fee for citation, service or re-service after the first citation— | The fee for citation, service or re-service after the first citation— | |
| 1. | (a) | to any destination by post | £7.67 |
| 1. | (b) | by advertisement | £21.60 |
| 2. | The fee for attendance at court | The fee for attendance at court | £21.60 |
| 3. | The fee for all other work | The fee for all other work | £60.77 |
SCHEDULE 2 — Amendments to Part 2 of Chapter 3 of schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| Part 2 - Defended Actions | Part 2 - Defended Actions | Part 2 - Defended Actions | Part 2 - Defended Actions | Part 2 - Defended Actions |
|---|---|---|---|---|
| 1. | The instruction fee— | The instruction fee— | The instruction fee— | |
| 1. | (a) | for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence | for the pursuer’s solicitor, including taking instructions, framing summons and statement of claim, obtaining warrant for service, enquiring for the form of response and noting defence | £92.17 |
| 1. | (b) | for the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response | for the defender’s solicitor, for all work from taking instructions (including instructions for a counter-claim) up to and including lodging the form of response | £92.17 |
| 2. | Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work | Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work | Where an additional defender or third party enters the cause, an additional fee for each of the original parties’ solicitors for all consequent work | £46.13 |
| 3. | The fee for citation, service or re-service, except as provided for in paragraph 19(e), by— | The fee for citation, service or re-service, except as provided for in paragraph 19(e), by— | The fee for citation, service or re-service, except as provided for in paragraph 19(e), by— | |
| 3. | (a) | post, to a destination— | post, to a destination— | |
| 3. | (a) | (i) | within the United Kingdom, Isle of Man, Channel Islands or the Republic of Ireland | £7.67 |
| 3. | (a) | (ii) | other than one specified in paragraph (i) | £16.40 |
| 3. | (b) | sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee | sheriff officer, to include instructing sheriff officer, perusing execution of citation and settling sheriff officer’s fee | £7.67 |
| 3. | (c) | advertisement, to include framing and instructing the advertisement | advertisement, to include framing and instructing the advertisement | £23.99 |
| 4. | In connection with the first hearing of the cause— | In connection with the first hearing of the cause— | In connection with the first hearing of the cause— | |
| 4. | (a) | the fee for attendance at court, including noting the outcome of the hearing | the fee for attendance at court, including noting the outcome of the hearing | £79.70 |
| 4. | (b) | if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour | if waiting for and conducting the hearing exceeds an hour and a half, the fee for attendance at court for each subsequent half hour | £23.99 |
| 5. | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour | The fee for attendance at court, except as specifically provided for elsewhere in this Chapter, per half hour | £23.99 |
| 6. | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet | The fee for drawing precognitions, including instructions, attendances with witnesses and all relative meetings and correspondence, per sheet | £35.53 |
| 7. | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet | The fee for perusing, revising and adjusting a report or precognition prepared by a skilled witness, per sheet | £17.77 |
| 8. | In connection with reports commissioned by order of Court, the fee for— | In connection with reports commissioned by order of Court, the fee for— | In connection with reports commissioned by order of Court, the fee for— | |
| 8. | (a) | all incidental work, including instructing the report | all incidental work, including instructing the report | £23.99 |
| 8. | (b) | each half hour perusing the report | each half hour perusing the report | £23.99 |
| 9. | The fee, per inventory, for— | The fee, per inventory, for— | The fee, per inventory, for— | |
| 9. | (a) | lodging productions | lodging productions | £35.53 |
| 9. | (b) | perusing the opposition’s productions | perusing the opposition’s productions | £16.40 |
| 10. | The fee for framing affidavits, per sheet | The fee for framing affidavits, per sheet | The fee for framing affidavits, per sheet | £17.77 |
| 11. | Except as provided for by paragraphs 17, 18 and 19 the fee for— | Except as provided for by paragraphs 17, 18 and 19 the fee for— | Except as provided for by paragraphs 17, 18 and 19 the fee for— | |
| (a) | drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is— | drawing, intimating and lodging any written minute or incidental application including any relative attendance at court, where that minute or application is— | ||
| (a) | (i) | opposed | £50.58 | |
| (a) | (ii) | unopposed | £30.38 | |
| (b) | considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is— | considering a written minute or incidental application intimated by the opposition including any relative attendance at court, where that minute or application is— | ||
| (b) | (i) | opposed | £41.61 | |
| (b) | (ii) | unopposed | £23.99 | |
| 12. | In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour | In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour | In connection with a hearing to which paragraph 11 applies, if waiting for and conducting that hearing exceeds half an hour, the fee for attendance at court for each subsequent half hour | £23.99 |
| 13. | In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to— | In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to— | In connection with a proof the fee for all work, except as specifically provided for elsewhere in this Chapter, preparatory to— | |
| 13. | (a) | the first scheduled proof, if— | the first scheduled proof, if— | |
| 13. | (a) | (i) | the cause is settled or abandoned 7 or more days before the scheduled proof | £83.21 |
| 13. | (a) | (ii) | paragraph (i) does not apply | £99.89 |
| 13. | (b) | any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and— | any adjourned proof, if the postponement from the hearing previously scheduled exceeds 6 days and— | |
| 13. | (b) | (i) | the cause is settled or abandoned 7 or more days before the scheduled proof | £41.61 |
| 13. | (b) | (ii) | paragraph (i) does not apply | £49.95 |
| 14. | The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition | The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition | The fee for each half hour inspecting the opposition’s documents either at court or at a place fixed by the opposition | £23.99 |
| 15. | In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour— | In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour— | In connection with a proof or a trial and debate on evidence taken at the close of proof, the fee for each half hour— | |
| 15. | (a) | conducting that hearing | conducting that hearing | £23.99 |
| 15. | (b) | waiting in court for that hearing | waiting in court for that hearing | £12.75 |
| 16. | In connection with a debate on evidence not taken at the close of proof, the fee for— | In connection with a debate on evidence not taken at the close of proof, the fee for— | In connection with a debate on evidence not taken at the close of proof, the fee for— | |
| 16. | (a) | all preparatory work | all preparatory work | £55.73 |
| 16. | (b) | attendance at court, per half hour | attendance at court, per half hour | £23.99 |
| 17. | In connection with a minute of judicial tender— | In connection with a minute of judicial tender— | In connection with a minute of judicial tender— | |
| 17. | (a) | the fee for consideration of, preparing and lodging the minute | the fee for consideration of, preparing and lodging the minute | £50.58 |
| 17. | (b) | on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute | on acceptance of the tender, the fee for consideration of, preparing and lodging the minute of acceptance and attendance at court when decree is granted in terms of that minute | £35.53 |
| 17. | (c) | on rejection of the tender, the fee for considering it | on rejection of the tender, the fee for considering it | £35.53 |
| 18. | The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto | The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto | The fee for each party where the case is settled extra-judicially, including all relative negotiations, framing or revising the joint minute and attendance at court when authority is interponed thereto | £83.21 |
| 19. | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00027], the fee for— | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00027], the fee for— | In connection with an incidental application for commission and diligence to recover documents or an order under section 1 of the Administration of Justice (Scotland) Act 1972[^f00027], the fee for— | |
| 19. | (a) | drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is— | drawing, intimating and lodging the application and, where relevant, specification and any relative attendance at court, where the application is— | |
| 19. | (a) | (i) | opposed | £55.60 |
| 19. | (a) | (ii) | unopposed | £30.38 |
| 19. | (b) | considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is— | considering the application and, where relevant, specification intimated by the opposition and any relative attendance at court, where the application is— | |
| 19. | (b) | (i) | opposed | £41.61 |
| 19. | (b) | (ii) | unopposed | £23.99 |
| 19. | (c) | each subsequent half hour, where attendance at court exceeds half an hour | each subsequent half hour, where attendance at court exceeds half an hour | £23.99 |
| 19. | (d) | citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour | citing havers and preparing for and appearing before the commissioner or sheriff at the execution of the commission, per half hour | £23.99 |
| 19. | (e) | serving an order on each person, if optional procedure is adopted | serving an order on each person, if optional procedure is adopted | £16.40 |
| 19. | (f) | each half hour perusing the documents recovered | each half hour perusing the documents recovered | £23.99 |
| 20. | In connection with an open commission to take evidence, the fee for— | In connection with an open commission to take evidence, the fee for— | In connection with an open commission to take evidence, the fee for— | |
| 20. | (a) | all work, excluding attendance at the commission, by the— | all work, excluding attendance at the commission, by the— | |
| 20. | (a) | (i) | solicitor applying for the commission | £55.73 |
| 20. | (a) | (ii) | opposing solicitor | £23.99 |
| 20. | (b) | each half hour attending the execution of the commission | each half hour attending the execution of the commission | £23.99 |
| 21. | At the conclusion of the cause, the fee for— | At the conclusion of the cause, the fee for— | At the conclusion of the cause, the fee for— | |
| 21. | (a) | settling with witnesses and noting the final decree | settling with witnesses and noting the final decree | £50.58 |
| 21. | (b) | the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor’s report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent | the successful party to cover drawing the account of expenses, arranging, intimating and attending a diet of taxation and obtaining approval of the auditor’s report and, where necessary, ordering, procuring and examining extract decree or adjusting account with opponent | £50.58 |
| 21. | (c) | the unsuccessful party to cover considering the opponent’s account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation | the unsuccessful party to cover considering the opponent’s account of expenses and, where necessary, adjusting the account with opponent or attending a diet of taxation | £23.99 |
SCHEDULE 3 — Amendments to Chapter 4 of schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| 1. Petition for decree dative | 1. Petition for decree dative |
|---|---|
| Inclusive fee for taking instructions to present petition, drawing petition and making necessary copies, lodging and directing publication, attendance at court, moving for decree-dative, extracting decree where necessary and all matters incidental to petition | £38.29 |
| 2. Restriction of Caution | 2. Restriction of Caution |
| Inclusive fee for taking instructions to prepare petition, drawing petition and making necessary copies, lodging, instructing advertisement and all matters incidental to petition | £38.29 |
| 3. Fees for other work shall be chargeable according to schedule 3 | 3. Fees for other work shall be chargeable according to schedule 3 |
SCHEDULE 4 — Amendments to schedule 2A of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| 1. | The fee for— | The fee for— | The fee for— | The fee for— |
|---|---|---|---|---|
| 1. | (a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £37.66 |
| 1. | (b) | each quarter hour (or part thereof) subsequent to the first half hour | each quarter hour (or part thereof) subsequent to the first half hour | £18.86 |
| 2. | The fee for— | The fee for— | The fee for— | The fee for— |
| 2. | (a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1 | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 7 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £14.49 |
| 2. | (b) | each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table | each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 7 of this table | £7.23 |
| 3. | The fee for framing affidavits – per sheet (or part thereof) | The fee for framing affidavits – per sheet (or part thereof) | The fee for framing affidavits – per sheet (or part thereof) | £11.90 |
| 4. | The fee for— | The fee for— | The fee for— | |
| 4. | (a) | framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof) | framing and drawing all necessary papers, other than affidavits or papers of a formal character – per sheet (or part thereof) | |
| 4. | (b) | each citation of a party, witness or haver including execution thereof | each citation of a party, witness or haver including execution thereof | |
| 4. | (c) | instructing sheriff officers, including examining execution and settling fee | instructing sheriff officers, including examining execution and settling fee | |
| 4. | (d) | agency accepting service of any writ | agency accepting service of any writ | |
| 4. | (e) | lodging first step of process | lodging first step of process | |
| 4. | (f) | lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | |
| 4. | (g) | letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below | letters, including instructions to counsel – per page (or part thereof), subject to paragraph 5(f) below | |
| 4. | (h) | perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter | perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter | |
| 4. | Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | Note: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | |
| 4. | in each of sub-paragraphs (a) to (h). | in each of sub-paragraphs (a) to (h). | in each of sub-paragraphs (a) to (h). | £8.25 |
| 5. | The fee for— | The fee for— | The fee for— | |
| 5. | (a) | attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | attendance at court or First-tier Tribunal for Scotland offices for performance of formal work including making up process and each necessary lodging in (other than first step) uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |
| 5. | (b) | revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof) | revising papers drawn by counsel, where ordered or necessary – per 5 sheets (or part thereof) | |
| 5. | (c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |
| 5. | (d) | certifying or signing a document | certifying or signing a document | |
| 5. | (e) | short telephone calls (of up to 4 minutes duration) | short telephone calls (of up to 4 minutes duration) | |
| 5. | (f) | short letters of a formal nature, intimations, and letters confirming telephone calls | short letters of a formal nature, intimations, and letters confirming telephone calls | |
| 5. | in each of sub-paragraphs (a) to (f) | in each of sub-paragraphs (a) to (f) | in each of sub-paragraphs (a) to (f) | £3.30 |
| 6. | The fee for each quarter of an hour (or part thereof) spent travelling— | The fee for each quarter of an hour (or part thereof) spent travelling— | The fee for each quarter of an hour (or part thereof) spent travelling— | The fee for each quarter of an hour (or part thereof) spent travelling— |
| 6. | (a) | by a solicitor | by a solicitor | £7.26 |
| 6. | (b) | by a solicitor’s clerk | by a solicitor’s clerk | £3.63 |
| 7. | (a) | There is no fee for photocopying— | There is no fee for photocopying— | |
| 7. | (a) | (i) | where fewer than 20 sheets are copied at any one time | |
| 7. | (a) | (ii) | in relation to the first 20 sheets copied at any one time | |
| 7. | (b) | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— | Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is— |
| 7. | (b) | (i) | for each sheet copied for up to 10,000 sheets | £0.05 |
| 7. | (b) | (ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
SCHEDULE 5 — Amendments to schedule 3 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| 1. | The fee for— | The fee for— | |
|---|---|---|---|
| 1. | (a) | any time up to the first half hour spent by a solicitor conducting a proof or hearing | £32.04 |
| 1. | (b) | each quarter hour (or part thereof) subsequent to the first half hour | £16.03 |
| 2. | The fee for— | The fee for— | The fee for— |
| 2. | (a) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 6 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £12.39 |
| 2. | (b) | each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 6 of this table | £6.14 |
| 3. | The fee for framing affidavits – per sheet (or part thereof) | The fee for framing affidavits – per sheet (or part thereof) | £10.52 |
| 4. | The fee for— | The fee for— | The fee for— |
| 4. | (a) | framing and drawing all necessary papers, other than affidavits or papers of a formal character | |
| 4. | (b) | each citation of a party, witness or haver including execution thereof | |
| 4. | (c) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee | |
| 4. | (d) | agency accepting service of any writ | |
| 4. | (e) | lodging first step of process | |
| 4. | (f) | lengthy telephone calls (of over 4 minutes and up to 10 minutes duration) | |
| 4. | (g) | letters, including instructions to counsel - per page (or part thereof), subject to paragraph 5(f) below | |
| 4. | (h) | perusing any document (other than a letter) consisting of not more than 12 sheets - for the first 2 sheets and each 2 sheets thereafter | |
| 4. | NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | NOTE: Where the document perused consists of more than 12 sheets the fee for perusing the whole document shall be charged in accordance with paragraph 2 above | |
| 4. | in each of sub-paragraphs (a)-(h) | in each of sub-paragraphs (a)-(h) | £7.05 |
| 5. | The fee for— | The fee for— | The fee for— |
| 5. | (a) | attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step), uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged | |
| 5. | (b) | revising papers drawn by counsel, open and closed records etc. or where revisal ordered - per 5 sheets (or part thereof) | |
| 5. | (c) | framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof) | |
| 5. | (d) | certifying or signing a document | |
| 5. | (e) | short telephone calls (of up to 4 minutes duration) | |
| 5. | (f) | short letters of a formal nature, intimations, and letters confirming telephone calls | |
| 5. | in each of sub-paragraphs (a) to (f) | in each of sub-paragraphs (a) to (f) | £2.80 |
| 5A. | The fee for each quarter hour (or part thereof) spent travelling— | The fee for each quarter hour (or part thereof) spent travelling— | The fee for each quarter hour (or part thereof) spent travelling— |
| 5A. | (a) | by a solicitor | £6.09 |
| 5A. | (b) | by a solicitor’s clerk | £3.08 |
| 6. | Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of | Where a document is copied and it is necessary to take a copy of more than 20 sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever), for each sheet copied a fee of | £0.08 |
SCHEDULE 6 — Amendments to schedule 4 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| TABLE OF FEES A | TABLE OF FEES A | TABLE OF FEES A | TABLE OF FEES A | TABLE OF FEES A |
|---|---|---|---|---|
| FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION | FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION | FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION | FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION | FEES OF COUNSEL FOR PROCEEDINGS IN THE COURT OF SESSION |
| PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL |
| CHAPTER 1 – FAMILY ACTIONS | CHAPTER 1 – FAMILY ACTIONS | CHAPTER 1 – FAMILY ACTIONS | CHAPTER 1 – FAMILY ACTIONS | CHAPTER 1 – FAMILY ACTIONS |
| 1. | Summons or other initiating writ | Summons or other initiating writ | Summons or other initiating writ | £340.68 |
| 2. | Minute | Minute | Minute | |
| 2. | (a) | minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision | minute relating to orders for parental responsibilities or parental rights and/or aliment or financial provision | £227.12 |
| 2. | (b) | any other minute containing a conclusion or crave | any other minute containing a conclusion or crave | £170.35 |
| 3. | Defences or answers | Defences or answers | Defences or answers | |
| 3. | (a) | Defences or answers in purely skeleton form to preserve the rights of parties | Defences or answers in purely skeleton form to preserve the rights of parties | £56.79 |
| 3. | (b) | Defences or answers to which sub‑paragraph(a) does not apply | Defences or answers to which sub‑paragraph(a) does not apply | £312.30 |
| 4. | Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought | Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought | Joint minute or minute of agreement regulating aliment, financial provision, orders relating to parental responsibilities or parental rights or any other matter in respect of which orders may be sought | |
| 4. | (a) | straightforward cases | straightforward cases | £56.79 |
| 4. | (b) | other cases | other cases | £141.95 |
| 4. | (c) | minute of agreement | minute of agreement | £227.12 |
| 5. | Minute for decree | Minute for decree | Minute for decree | £56.79 |
| 6. | All other work - the fees prescribed in Chapter 6 apply | All other work - the fees prescribed in Chapter 6 apply | All other work - the fees prescribed in Chapter 6 apply | |
| CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) | CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) | CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) | CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) | CHAPTER 2 - PETITIONS (OTHER THAN PETITIONS TO WHICH CHAPTERS 3 TO 5 APPLY) |
| 1. | Petition | Petition | Petition | |
| 1. | (a) | petition for interdict | petition for interdict | |
| 1. | (a) | (i) | straightforward cases | £227.12 |
| 1. | (a) | (ii) | other cases | £340.68 |
| 1. | (b) | other Outer House petitions | other Outer House petitions | £340.68 |
| 1. | (c) | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | |
| 2. | Answers | Answers | Answers | Answers |
| 2. | (a) | petition for interdict | petition for interdict | £170.35 |
| 2. | (b) | other Outer House petitions | other Outer House petitions | £170.35 |
| 2. | (c) | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | the fee for Inner House petitions shall be as appears to the Board, or as the case may be the auditor, to provide reasonable remuneration for the work having regard to the level of fees in this Table of Fees | |
| 3. | All other work - the fees prescribed in Chapter 6 apply | All other work - the fees prescribed in Chapter 6 apply | All other work - the fees prescribed in Chapter 6 apply | |
| CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW | CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW | CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW | CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW | CHAPTER 3 - PETITIONS FOR JUDICIAL REVIEW |
| 1. | Petition for judicial review | Petition for judicial review | Petition for judicial review | £397.46 |
| 2. | Oral hearing at permission stage or procedural hearing | Oral hearing at permission stage or procedural hearing | Oral hearing at permission stage or procedural hearing | |
| 2. | (a) | where the hearing does not exceed 30minutes | where the hearing does not exceed 30minutes | £68.14 |
| 2. | (b) | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | £56.79 |
| 3. | Substantive hearing | Substantive hearing | Substantive hearing | |
| 3. | (a) | junior alone | junior alone | £1,022.02 |
| 3. | (b) | junior with senior | junior with senior | £738.13 |
| 4. | Written statement of arguments | Written statement of arguments | Written statement of arguments | £227.12 |
| 5. | All other work - the fees prescribed in Chapter 6 apply | All other work - the fees prescribed in Chapter 6 apply | All other work - the fees prescribed in Chapter 6 apply | |
| CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN | CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN | CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN | CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN | CHAPTER 4 – PETITIONS ON CHILD ABDUCTION AND ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO CHILDREN |
| 1. | Petition | Petition | Petition | £369.07 |
| 2. | Answers | Answers | Answers | £369.07 |
| 3. | Motion for interim orders | Motion for interim orders | Motion for interim orders | Motion for interim orders |
| 3. | (a) | where the hearing does not exceed 30minutes | where the hearing does not exceed 30minutes | £68.14 |
| 3. | (b) | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | £56.79 |
| 4. | First or second hearing (per day) | First or second hearing (per day) | First or second hearing (per day) | First or second hearing (per day) |
| 4. | (a) | junior alone | junior alone | £1,022.02 |
| 4. | (b) | junior with senior | junior with senior | £738.13 |
| 5. | Revising any affidavit which requires to be lodged | Revising any affidavit which requires to be lodged | Revising any affidavit which requires to be lodged | £56.79 |
| 6. | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | |
| CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 | CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 | CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 | CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 | CHAPTER 5 - APPLICATIONS FOR ADOPTION ORDERS, CONVENTION ADOPTION ORDERS AND PERMANENCE ORDERS AND OTHER PROCEEDINGS UNDER THE ADOPTION AND CHILDREN (SCOTLAND) ACT 2007 |
| 1. | Petition | Petition | Petition | £340.68 |
| 2. | Revising any affidavit which requires to be lodged | Revising any affidavit which requires to be lodged | Revising any affidavit which requires to be lodged | £56.79 |
| 3. | Note for revocation of permanence order or other note in the adoption process | Note for revocation of permanence order or other note in the adoption process | Note for revocation of permanence order or other note in the adoption process | £227.12 |
| 4. | Hearing to set timetable or determine procedure (per half hour) | Hearing to set timetable or determine procedure (per half hour) | Hearing to set timetable or determine procedure (per half hour) | £56.79 |
| 5. | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | All other work - the fees prescribed in Chapter 1, which failing Chapter 6 apply | |
| CHAPTER 6 – ORDINARY ACTIONS, OTHER ACTIONS OR PROCEEDINGS NOT SPECIFIED IN CHAPTERS 1-5 AND ALL OTHER WORK UNDER CHAPTERS 1-5 FOR WHICH FEES ARE NOT PRESCRIBED THEREIN | CHAPTER 6 – ORDINARY ACTIONS, OTHER ACTIONS OR PROCEEDINGS NOT SPECIFIED IN CHAPTERS 1-5 AND ALL OTHER WORK UNDER CHAPTERS 1-5 FOR WHICH FEES ARE NOT PRESCRIBED THEREIN | CHAPTER 6 – ORDINARY ACTIONS, OTHER ACTIONS OR PROCEEDINGS NOT SPECIFIED IN CHAPTERS 1-5 AND ALL OTHER WORK UNDER CHAPTERS 1-5 FOR WHICH FEES ARE NOT PRESCRIBED THEREIN | CHAPTER 6 – ORDINARY ACTIONS, OTHER ACTIONS OR PROCEEDINGS NOT SPECIFIED IN CHAPTERS 1-5 AND ALL OTHER WORK UNDER CHAPTERS 1-5 FOR WHICH FEES ARE NOT PRESCRIBED THEREIN | CHAPTER 6 – ORDINARY ACTIONS, OTHER ACTIONS OR PROCEEDINGS NOT SPECIFIED IN CHAPTERS 1-5 AND ALL OTHER WORK UNDER CHAPTERS 1-5 FOR WHICH FEES ARE NOT PRESCRIBED THEREIN |
| 1. | Summons | Summons | Summons | £340.68 |
| 2. | Defences | Defences | Defences | |
| 2. | (a) | where in purely skeleton form to preserve rights of parties | where in purely skeleton form to preserve rights of parties | £56.79 |
| 2. | (b) | otherwise | otherwise | £312.30 |
| 3. | Adjustment of pleadings | Adjustment of pleadings | Adjustment of pleadings | |
| 3. | (a) | adjustment of skeleton defences | adjustment of skeleton defences | £255.51 |
| 3. | (b) | otherwise (each occasion) | otherwise (each occasion) | £85.18 |
| 4. | Specification of documents | Specification of documents | Specification of documents | |
| 4. | (a) | specification with standard calls only | specification with standard calls only | £56.79 |
| 4. | (b) | other specification of documents | other specification of documents | £141.95 |
| 5. | Minutes etc. | Minutes etc. | Minutes etc. | |
| 5. | (a) | formal amendments or answers | formal amendments or answers | £85.18 |
| 5. | (b) | amendments or answers other than formal | amendments or answers other than formal | £170.35 |
| 5. | (c) | drafting, revising and signing tender or acceptance | drafting, revising and signing tender or acceptance | £56.79 |
| 5. | (d) | note of exceptions | note of exceptions | £56.79 |
| 5. | (e) | abandonment, sist, restriction, etc. | abandonment, sist, restriction, etc. | £56.79 |
| 5. | (f) | issue or counter issue | issue or counter issue | £85.18 |
| 6. | Notes | Notes | Notes | |
| 6. | (a) | note on liability and/or quantum | note on liability and/or quantum | £170.35- £397.46 |
| 6. | (b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | £141.95 |
| 6. | (c) | note on line of evidence | note on line of evidence | £227.12-£454.23 |
| 6. | (d) | other types of note | other types of note | £170.35 |
| 7. | Consultations | Consultations | Consultations | |
| 7. | (a) | before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion— | before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion— | |
| 7. | (a) | (i) | junior alone | £283.90-£454.23 |
| 7. | (a) | (ii) | junior with senior | £227.12-£340.68 |
| 7. | (b) | other consultations— | other consultations— | |
| 7. | (b) | (i) | junior alone | £141.95-£283.90 |
| 7. | (b) | (ii) | junior with senior | £113.56-£227.12 |
| 8. | Pre-trial meetings | Pre-trial meetings | Pre-trial meetings | |
| 8. | Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) | Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) | Pre-trial meeting with opponent with a view to settlement of the case (to include preparation of minute of pre-trial meeting and any associated joint minute) | |
| 8. | (i) | junior alone | £511.02 | |
| 8. | (ii) | junior with senior | £397.46 | |
| 9. | Motions (including By Order hearings) | Motions (including By Order hearings) | Motions (including By Order hearings) | |
| 9. | (a) | where the hearing does not exceed 30minutes | where the hearing does not exceed 30minutes | £68.14 |
| 9. | (b) | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | £56.79 |
| 9A. | Any other hearing where no other fee is specified | Any other hearing where no other fee is specified | Any other hearing where no other fee is specified | |
| 9A. | (a) | where the hearing does not exceed 30minutes | where the hearing does not exceed 30minutes | £68.14 |
| 9A. | (b) | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | £56.79 |
| 10. | Procedure roll, proof or jury trial (per day) | Procedure roll, proof or jury trial (per day) | Procedure roll, proof or jury trial (per day) | |
| 10. | (a) | junior alone | junior alone | £1,022.02 |
| 10. | (b) | junior with senior | junior with senior | £738.13 |
| 11. | Inner House | Inner House | Inner House | |
| 11. | (a) | Single Bills | Single Bills | |
| 11. | (a) | (i) | where the hearing does not exceed 30minutes | £85.18 |
| 11. | (a) | (ii) | where the hearing exceeds 30minutes, for each subsequent half hour or part thereof | £56.79 |
| 11. | (b) | reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act (per day) | reclaiming motion including appeal under section 163, 164 or 165 of the 2011 Act (per day) | |
| 11. | (b) | (i) | junior opening or appearing alone | £1,135.58 |
| 11. | (b) | (ii) | junior otherwise | £794.91 |
| 11. | (c) | motion for new trial (per day) | motion for new trial (per day) | |
| 11. | (c) | (i) | junior opening or appearing alone | £851.69 |
| 11. | (c) | (ii) | junior otherwise | £567.79 |
| 12. | Attendance at judgment | Attendance at judgment | Attendance at judgment | |
| 12. | (a) | Outer House | Outer House | £56.79 |
| 12. | (b) | Inner House | Inner House | £56.79 |
| 13. | Time engaged in necessary travel | Time engaged in necessary travel | Time engaged in necessary travel | |
| 13. | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £113.56 |
| 14. | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence | |
| 14. | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £113.56 |
PART 2 — SENIOR COUNSEL
FAMILY ACTIONS, PETITIONS (INCLUDING JUDICIAL REVIEW, ABDUCTION AND ADOPTION) ORDINARY ACTIONS AND OTHER ACTIONS
| 1. | Drafting or revisal of pleadings | Drafting or revisal of pleadings | Drafting or revisal of pleadings |
|---|---|---|---|
| 1. | (a) | drafting of summons, defences, petition or answers | £482.63 - £567.79 |
| 1. | (b) | revisal of summons, defences, petition or answers | £170.35 |
| 1. | (c) | adjustment fee (open record) (each occasion) | £141.95 |
| 2. | Minutes, etc. – revisal fees | Minutes, etc. – revisal fees | Minutes, etc. – revisal fees |
| 2. | (a) | amendments (other than formal) or answers | £227.12 |
| 2. | (b) | admissions, tender or acceptance (in appropriate cases) | £85.18 |
| 2. | (c) | note of exceptions | £113.56 |
| 3. | Notes | Notes | Notes |
| 3. | (a) | note on liability and/or quantum | £255.51- £624.58 |
| 3. | (b) | advice on tender or extra‑judicial offer when not merely confirming advice at consultation | £227.12 |
| 3. | (c) | note on line of evidence | £340.68 -£681.35 |
| 3. | (d) | other notes | £255.51 |
| 4. | Consultations | Consultations | Consultations |
| 4. | before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior | before proof or trial, or otherwise involving a significant degree of preparation or lengthy discussion with senior alone or with senior and junior | £340.68 -£624.58 |
| 5. | Pre-trial meetings | Pre-trial meetings | Pre-trial meetings |
| 5. | Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) | Pre-trial meetings with opponent with a view to settlement of case (to include preparation of minute of pre-trial meeting and any associated joint minute) | £738.13 |
| 6. | Day in court | Day in court | Day in court |
| 6. | (a) | Inner House including appeal under section 163, 164 or 165 of the 2011 Act | £1,703.37 |
| 6. | (b) | Outer House | £1,533.04 |
| 7. | Time engaged in necessary travel | Time engaged in necessary travel | Time engaged in necessary travel |
| 7. | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | Supplementary fee chargeable in addition to any of the above fees where necessary travel is undertaken | £113.56 |
| 8. | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence |
| 8. | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £113.56 |
| TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland | TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland | TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland | TABLE OF FEES B Fees of Counsel for proceedings in the sheriff court, First-Tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland |
| --- | --- | --- | --- |
| PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL | PART 1 JUNIOR COUNSEL |
| 1. | Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) | Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) | Initial writ (or minute in family action or applications to the First-tier Tribunal for Scotland) |
| 2. | Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) | Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) | Defences (or answers to minute in family action or representations to the First-tier Tribunal for Scotland) |
| 3. | Adjustment of pleadings | Adjustment of pleadings | Adjustment of pleadings |
| 3. | Adjustment fee (each occasion) | Adjustment fee (each occasion) | Adjustment fee (each occasion) |
| 4. | Specification of documents | Specification of documents | Specification of documents |
| 4. | (a) | straightforward cases | straightforward cases |
| 4. | (b) | other cases | other cases |
| 5. | Minutes, etc. | Minutes, etc. | Minutes, etc. |
| 5. | (a) | formal amendments or answers | formal amendments or answers |
| 5. | (b) | amendments or answers other than formal | amendments or answers other than formal |
| 5. | (c) | drafting, revising and signing tender or acceptance | drafting, revising and signing tender or acceptance |
| 5. | (d) | note of exceptions | note of exceptions |
| 5. | (e) | abandonment, sist, restriction, etc. | abandonment, sist, restriction, etc. |
| 6. | Notes | Notes | Notes |
| 6. | (a) | note on liability and/or quantum | note on liability and/or quantum |
| 6. | (b) | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation | note advising on tender or extra-judicial offer, where not merely confirming advice at consultation |
| 6. | (c) | note on line of evidence | note on line of evidence |
| 6. | (d) | other notes | other notes |
| 7. | Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007[^f00028] | Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007[^f00028] | Applications for adoption orders and permanence orders and other proceedings under the Adoption and Children (Scotland) Act 2007[^f00028] |
| 7. | (a) | petition | petition |
| 7. | (b) | minute for revocation of permanence order or other minute in the adoption process | minute for revocation of permanence order or other minute in the adoption process |
| 7. | (c) | revising each affidavit | revising each affidavit |
| 7. | (d) | hearing to set timetable or determine procedure | hearing to set timetable or determine procedure |
| 8. | Applications under section 85(1) of the Children (Scotland) Act 1995[^f00029] or under section 110 of the 2011 Act | Applications under section 85(1) of the Children (Scotland) Act 1995[^f00029] or under section 110 of the 2011 Act | Applications under section 85(1) of the Children (Scotland) Act 1995[^f00029] or under section 110 of the 2011 Act |
| 8. | Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral | Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral | Written application under section 85(1) of the Children (Scotland) Act 1995 for a review of establishment of grounds of referral |
| 8. | Written application under section 110 of the 2011 Act for review of grounds of determination | Written application under section 110 of the 2011 Act for review of grounds of determination | Written application under section 110 of the 2011 Act for review of grounds of determination |
| 9. | Motions | Motions | Motions |
| 9. | Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof | Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof | Attendance at opposed motion for up to half hour, and for each subsequent half hour or part thereof |
| 10. | Time engaged in necessary travel | Time engaged in necessary travel | Time engaged in necessary travel |
| 10. | Supplementary fee chargeable where necessary travel undertaken | Supplementary fee chargeable where necessary travel undertaken | Supplementary fee chargeable where necessary travel undertaken |
| 11. | Accommodation and associated subsistence | Accommodation and associated subsistence | Accommodation and associated subsistence |
| 11. | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day |
| 11. | Junior with senior | ||
| 12. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | Consultations (including joint consultations with opponent with a view to negotiating settlement) | |
| 12. | Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £204.41 -£306.62 |
| 13. | Child welfare hearing | Child welfare hearing | |
| 13. | Attendance up to half hour, and for each subsequent half hour or part thereof | Attendance up to half hour, and for each subsequent half hour or part thereof | £45.43 |
| 14. | Hearings under Part2 of Chapter 3 of the Children (Scotland) Act1995 | Hearings under Part2 of Chapter 3 of the Children (Scotland) Act1995 | |
| 14. | (a) | under section55 to defend an application for a child assessment order | £45.43 |
| 14. | (b) | under section60(7) for an application to set aside or vary a child protection order | £45.43 |
| 14. | (c) | under section67 to defend a warrant for further detention of a child | £45.43 |
| 14A. | Applications to the sheriff under the 2011 Act | Applications to the sheriff under the 2011 Act | |
| 14A. | (a) | under section 48 to vary or terminate a child protection order | £45.43 |
| 14A. | (b) | under section 98 to extend or vary an interim compulsory supervision order | £45.43 |
| 14A. | (c) | under section 99 to further extend or vary an interim compulsory supervision order | £45.43 |
| 14A. | (d) | under section 166 to review a decision or determination to impose a duty on a local authority | £45.43 |
| 15. | Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | |
| 15. | (a) | up to 20 days | £709.74 |
| 15. | (b) | subsequent days | £638.77 |
| 16. | Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | Appeal to the Sheriff Appeal Court including appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £738.13 |
| 17. | Any other hearing where no other fee is specified | Any other hearing where no other fee is specified | Any other hearing where no other fee is specified |
| 17. | Attendance for up to half hour, and for each subsequent half hour or part thereof | Attendance for up to half hour, and for each subsequent half hour or part thereof | Attendance for up to half hour, and for each subsequent half hour or part thereof |
| PART 2 SENIOR COUNSEL | PART 2 SENIOR COUNSEL | PART 2 SENIOR COUNSEL | PART 2 SENIOR COUNSEL |
| --- | --- | --- | --- |
| 1. | Revisal of pleadings | Revisal of pleadings | |
| 1. | (a) | revisal of initial writ, defences, petition or answers | £153.32 |
| 1. | (b) | adjustment fee (open record) (each occasion) | £127.77 |
| 2. | Other revisal fees | Other revisal fees | |
| 2. | (a) | amendments (other than formal) or answers | £204.41 |
| 2. | (b) | admissions, tender or acceptance (in appropriate cases) | £76.67 |
| 3. | Notes | Notes | |
| 3. | (a) | note on liability and/or quantum | £229.67 -£567.79 |
| 3. | (b) | advice on tender or extra-judicial offer where not merely confirming advice at consultation | £306.62 |
| 3. | (c) | note on line of evidence | £306.62 -£613.22 |
| 3. | (d) | other notes | £229.67 |
| 4. | Consultations (including joint consultations with opponent with a view to negotiating settlement) | Consultations (including joint consultations with opponent with a view to negotiating settlement) | |
| 4. | Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | Before proof, or otherwise involving a significant degree of preparation or lengthy discussion | £306.62 -£567.79 |
| 4A. | Applications to the sheriff under the 2011 Act | Applications to the sheriff under the 2011 Act | |
| 4A. | (a) | under section 48 to vary or terminate a child protection order | £93.70 |
| 4A. | (b) | under section 98 to extend or vary an interim compulsory supervision order | £93.70 |
| 4A. | (c) | under section 99 to further extend or vary an interim compulsory supervision order | £93.70 |
| 4A. | (d) | under section 166 to review a decision or determination to impose a duty on a local authority | £93.70 |
| 5. | Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | Proof, debate (or like hearing) or appeal under section51(1) of the Children (Scotland) Act 1995 and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act (per day) | |
| 5. | (a) | up to 20 days | £1,379.74 |
| 5. | (b) | subsequent days | £1,241.77 |
| 6. | Appeal to Sheriff Appeal Courtincluding appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | Appeal to Sheriff Appeal Courtincluding appeal under section 163, 164, 165 or 167 of the 2011 Act or to the Upper Tribunal for Scotland (per day) | £1,476.25 |
| 7. | Time engaged in necessary travel | Time engaged in necessary travel | |
| 7. | Supplementary fee chargeable in addition to any of the above fees where necessary travel undertaken | Supplementary fee chargeable in addition to any of the above fees where necessary travel undertaken | £113.56 |
| 8. | Accommodation and associated subsistence | Accommodation and associated subsistence | |
| 8. | Payment of necessary accommodation and associated subsistence per day | Payment of necessary accommodation and associated subsistence per day | £113.56 |
SCHEDULE 7 — Amendments to schedule 5 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
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