LegalizeThe Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023
Made: 27th April 2023
Coming into force: 29th April 2023
In accordance with section 37(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament[^f00002].
Citation and commencement
1
These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023 and come into force on 29 April 2023.
Application
2
- (1) These Regulations apply only in relation to fees for work done or outlays incurred on or after 29 April 2023, except in relation to regulations 6, 7(2), (3)(c) and (e), and 8(3) to (5).
- (2) Regulations 6, 7(2), (3)(c) and (e) and 8(3) to (5) apply only in relation to a case where the grant of legal aid, advice and assistance or assistance by way of representation was made on or after 29 April 2023.
- (3) 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.
Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
3
- (1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989[^f00003] are amended as follows.
- (2) In regulation 5 (fees allowable to solicitors), in paragraph (2A), for “£23.86”[^f00004] substitute “£26.30”.
- (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)[^f00005], 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 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 6 of these Regulations.
- (9) 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 “£8.27”[^f00007] substitute “£9.12”,
- (b) in Chapter 2 (sheriff court civil fees (defended)) in the Notes on the operation of Chapter 2 in paragraph 21, for “£8.27”[^f00008] substitute “£9.12”.
Amendment of 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 4 (fees allowance to solicitors: general provisions)—
- (a) in paragraph (1), for “Schedule 1” substitute “Schedule 1A”,
- (b) after paragraph (1), insert—
(1ZA) Subject to paragraph (1ZB), where the following conditions apply, the fees allowable to solicitors in relation to solemn criminal proceedings other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies are those specified in Schedule 1— (a) the grant of legal aid was made before 29 April 2023, (b) the proceedings in the case concluded on or after that date, and (c) the solicitor submitting the account has requested, in such form as the Board may specify, that said account be paid in accordance with Schedule 1. (1ZB) Paragraph (1ZA) does not apply in a case if— (a) there has been a transfer of agency from one solicitor to another, (b) the solicitor who transferred agency has submitted— (i) an account for payment before 29 April 2023, or (ii) a request in accordance with paragraph (1ZA)(c), (c) that account, or the account in respect of which that request was made, has been paid, and (d) the Board has received from all solicitors who have acted in the case a written request, in such form as the Board may specify, that their accounts be assessed, or reassessed as the case may be, and paid in accordance with Schedule 1A.
- (3) In regulation 5 (fees allowance to solicitors: identification parades)[^f00010]—
- (a) in paragraph (1)—
- (i) in sub-paragraph (a)(i), for “£129.47” substitute “£142.68”,
- (ii) in sub-paragraph (a)(ii), for “£14.41” substitute “£15.88”,
- (iii) in sub-paragraph (b)(i), for “£106.54” substitute “£117.41”,
- (iv) in sub-paragraph (b)(ii), for “£13.43” substitute “£14.80”,
- (b) in paragraph (6)—
- (i) after “in accordance with”, insert “either”,
- (ii) after “Schedule 1”, insert “or paragraph 1 of Part 2 of the Table of Fees set out in Schedule 1A”.
- (4) In regulation 6 (duty solicitors’ fees)[^f00011]—
- (a) in paragraph (1)—
- (i) in sub-paragraph (a), for “£165” substitute “£182”,
- (ii) in sub-paragraph (b), for “£115” substitute “£127”,
- (iii) for “£71.55” in each place where it appears substitute “£78.85”,
- (iv) for “£10.23” in each place where it appears substitute “£11.28”,
- (v) for “£79.50” in each place where it appears substitute “£87.61”,
- (b) in paragraph (2)—
- (i) for “Schedule 1” substitute “Part 1 of the table of fees in Schedule 1A”,
- (ii) for “£250” substitute “£276”,
- (iii) for “£79.50” substitute “£87.61”,
- (c) in paragraph (2A) for “£80.00” substitute “£88.16”,
- (d) in paragraph (3)—
- (i) for “Schedule 1” substitute “Part 1 of the table of fees in Schedule 1A”,
- (ii) for “£150” substitute “£180”.
- (5) In regulation 7 (fees allowable to solicitors), for “Schedule 1” substitute—
— (a) Schedule 1A, or (b) where regulation 4(1ZA) applies, Schedule 1
- (6) In regulation 7A (solemn proceedings (exceptional) fees), in paragraphs (1) and (9), for “Schedule 1” substitute “Schedule 1A”.
- (7) In regulation 8(1) (outlays allowable to solicitors), for “paragraph 5(4) of the notes on the operation of Schedule 1” substitute “paragraph 16(5) of the notes on the operation of Schedule 1A”.
- (8) In regulation 11(3) (dispute as to allowable fees and outlays)—
- (a) after “(1)(a)”, insert “, (ba)”,
- (b) for “or, as the case may be, the sheriff”, insert “, the Sheriff Appeal Court or the sheriff, as the case may be,”.
- (9) In schedule 1 (fees of solicitors)—
- (a) after the heading insert—
(Before 29 April 2023)
- (b) in the Notes on the operation of schedule 1 in paragraph 7(1)[^f00012], for “£14.41” substitute “£14.89”,
- (c) in the tables of fees, for Part 1 (detailed fees) and Part 2 (inclusive fees for solemn first instance proceedings) substitute the tables of fees in schedule 7 of these Regulations.
- (10) After schedule 1, insert schedule 1A in schedule 8 of these Regulations.
Legal aid in contempt of court proceedings
5
Schedule 1 (table of fees allowable to solicitors for legal aid made available under section 30 of the Legal Aid (Scotland) Act 1986 in connection with proceedings for contempt of court) of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992[^f00013] is amended as follows—
- (a) in paragraph 1(a), for “£31.14” substitute “£34.32”,
- (b) in paragraph 1(b), for “£15.58” substitute “£17.17”,
- (c) in paragraph 2(a), for “£12.00” substitute “£13.23”,
- (d) in paragraph 2(b), for “£5.98” substitute “£6.59”,
- (e) in paragraph 3, for “£6.82” substitute “£7.52”,
- (f) in paragraph 4, for “£2.75” substitute “£3.04”,
- (g) in paragraph 4A(a)[^f00014], for “£6.01” substitute “£6.63”,
- (h) in paragraph 4A(b), for “£3.00” substitute “£3.31”.
Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993
6
Regulation 3 (financial limit) of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993[^f00015] is amended as follows—
- (a) in paragraph (b)—
- (i) in sub-paragraph (i), for “£120” substitute “£135”,
- (ii) in sub-paragraph (ii), for “£45” substitute “£50”,
- (b) in paragraph (c)—
- (i) in sub-paragraph (i) and (ii), for “£105” substitute “£115”,
- (ii) in sub-paragraph (iii), for “£45” substitute “£50”,
- (iii) in sub-paragraph (iv)—
- (aa) omit “a stipendiary magistrate, or”,
- (bb) for “£705” substitute “£750”,
- (iv) in sub-paragraph (v)—
- (aa) omit “(other than before a stipendiary magistrate)”,
- (bb) for “£330” substitute “£500”,
- (v) in sub-paragraph (vi) and (vii), for “£195” substitute “£215”,
- (vi) in sub-paragraph (viii), for “£265” substitute “£290”,
- (vii) in sub-paragraph (ix), for “£185” substitute “£215”,
- (viii) in sub-paragraph (x) and (xv), for “£225.00” substitute “£250”,
- (ix) in sub-paragraph (xi), for “£550” substitute “£600”,
- (x) in sub-paragraph (xii), (xiii) and (xiv), for “£350” substitute “£385”,
- (xi) in sub-paragraph (xv), for “£550.00” substitute “£600”.
Amendment of the Advice and Assistance (Scotland) Regulations 1996
7
- (1) The Advice and Assistance (Scotland) Regulations 1996[^f00016] are amended as follows.
- (2) In regulation 17(1B) (fees and outlays of solicitors)[^f00017], for “£550.76” substitute “£572.00”.
- (3) In schedule 3 (table of fees allowable to solicitors)—
- (a) in Part 1 (table of fees allowable to solicitors for assistance by way of representation)—
- (i) in paragraph 1, for the table of fees substitute the table of fees in schedule 9 of these Regulations,
- (ii) in paragraph 3 (petition by debtor for sequestration)[^f00018]—
- (aa) in sub-paragraph (a), for “£37.66” substitute “£41.51”,
- (bb) in sub-paragraph (b), for “£61.85” substitute “£68.16”,
- (b) in Part 2 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation), for the table of fees in paragraph 1 substitute the table of fees in schedule 10 of these Regulations,
- (c) 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 11 of these Regulations,
- (d) 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)[^f00019]—
- (i) in paragraph 3 (standard rate), for “£85.18” substitute “£93.87”,
- (ii) in paragraph 3 (higher rate), for “£113.29” substitute “£124.85”,
- (iii) in paragraph 4(a) (standard rate), for “£130.60” substitute “£143.93”,
- (iv) in paragraph 4(a) (higher rate), for “£173.70” substitute “£191.42”,
- (v) in paragraph 4(b)(i) (standard rate), for “£227.12” substitute “£250.29”,
- (vi) in paragraph 4(b)(i) (higher rate), for “£302.07” substitute “£332.89”,
- (vii) in paragraph 4(b)(ii) (standard rate), for “£56.79” substitute “£62.59”,
- (viii) in paragraph 4(b)(ii) (higher rate), for “£75.53” substitute “£83.24”,
- (ix) in paragraph 5 (standard rate), for “£34.08” substitute “£37.56”,
- (x) in paragraph 5 (higher rate), for “£45.32” substitute “£49.95”,
- (xi) in paragraph 6 (standard rate), for “£13.18” in each place where it appears substitute “£14.53”,
- (xii) in paragraph 6 (higher rate), for “£17.54” in each place where it appears substitute “£19.33”,
- (e) 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)[^f00020]—
- (i) for “£56.79” in each place where it appears substitute “£62.59”,
- (ii) for “£85.18” in both places where it appears substitute “£93.87”,
- (iii) for “£6.60” in both places where it appears substitute “£7.28”,
- (f) 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)[^f00021]—
- (i) in paragraph 3(a) (standard rate), for “£130.60” substitute “£143.93”,
- (ii) in paragraph 3(a) (higher rate), for “£173.70” substitute “£191.42”,
- (iii) in paragraph 3(b)(i) (standard rate), for “£227.12” substitute “£250.29”,
- (iv) in paragraph 3(b)(i) (higher rate), for “£302.07” substitute “£332.89”,
- (v) in paragraph 3(b)(ii) (standard rate), for “£56.79” substitute “£62.59”,
- (vi) in paragraph 3(b)(ii) (higher rate), for “£75.53” substitute “£83.24”
- (vii) in paragraph 4 (standard rate), for “£34.08” substitute “£37.56”,
- (viii) in paragraph 4 (higher rate), for “£45.32” substitute “£49.95”,
- (ix) in paragraph 5 (standard rate), for “£13.18” in each place where it appears substitute “£14.53”,
- (x) in paragraph 5 (higher rate), for “£17.54” in each place where it appears substitute “£19.33”.
Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
8
- (1) The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00022] are amended as follows.
- (2) In regulation 4 (fixed payments allowable to solicitors)—
- (a) in paragraph (1A)[^f00023]—
- (i) in sub-paragraph (a) omit “(other than before a stipendiary magistrate)”,
- (ii) in sub-paragraph (a) and (b) omit “(before a stipendiary magistrate)”,
- (b) in paragraph (1D) omit “(before a stipendiary magistrate or otherwise)”,
- (c) omit paragraphs (4) to (6ZA).
- (3) In schedule 1, for the table of fees in Part 1 substitute the table of fees in Part 1 of schedule 12 of these Regulations.
- (4) In schedule 1A[^f00024], for the table of fees substitute the table of fees in schedule 13 of these Regulations.
- (5) In schedule 1B[^f00025]—
- (a) for the table of fees in Part 1 substitute the table of fees in Part 1 of schedule 14 of these Regulations,
- (b) for the table of fees in Part 2 substitute the table of fees in Part 2 of schedule 14 of these Regulations.
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 | £8.46 |
| 1. | (b) | by advertisement | £23.81 |
| 2. | The fee for attendance at court | The fee for attendance at court | £23.81 |
| 3. | The fee for all other work | The fee for all other work | £66.97 |
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 | £101.58 |
| 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 | £101.58 |
| 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 | £50.84 |
| 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 | £8.46 |
| 3. | (a) | (ii) | other than one specified in paragraph (i) | £18.08 |
| 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 | £8.46 |
| 3. | (c) | advertisement, to include framing and instructing the advertisement | advertisement, to include framing and instructing the advertisement | £26.44 |
| 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 | £87.83 |
| 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 | £26.44 |
| 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 | £26.44 |
| 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 | £39.16 |
| 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 | £19.59 |
| 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 | £26.44 |
| 8. | (b) | each half hour perusing the report | each half hour perusing the report | £26.44 |
| 9. | The fee, per inventory, for— | The fee, per inventory, for— | The fee, per inventory, for— | |
| 9. | (a) | lodging productions | lodging productions | £39.16 |
| 9. | (b) | perusing the opposition’s productions | perusing the opposition’s productions | £18.08 |
| 10. | The fee for framing affidavits, per sheet | The fee for framing affidavits, per sheet | The fee for framing affidavits, per sheet | £19.59 |
| 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 | £55.74 | |
| (a) | (ii) | unopposed | £33.48 | |
| (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 | £45.86 | |
| (b) | (ii) | unopposed | £26.44 | |
| 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 | £26.44 |
| 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 | £91.70 |
| 13. | (a) | (ii) | paragraph (i) does not apply | £110.08 |
| 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 | £45.86 |
| 13. | (b) | (ii) | paragraph (i) does not apply | £55.05 |
| 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 | £26.44 |
| 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 | £26.44 |
| 15. | (b) | waiting in court for that hearing | waiting in court for that hearing | £14.06 |
| 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 | £61.42 |
| 16. | (b) | attendance at court, per half hour | attendance at court, per half hour | £26.44 |
| 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 | £55.74 |
| 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 | £39.16 |
| 17. | (c) | on rejection of the tender, the fee for considering it | on rejection of the tender, the fee for considering it | £39.16 |
| 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 | £91.70 |
| 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 [^f00026], 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 [^f00026], 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 [^f00026], 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 | £61.28 |
| 19. | (a) | (ii) | unopposed | £33.48 |
| 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 | £45.86 |
| 19. | (b) | (ii) | unopposed | £26.44 |
| 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 | £26.44 |
| 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 | £26.44 |
| 19. | (e) | serving an order on each person, if optional procedure is adopted | serving an order on each person, if optional procedure is adopted | £18.08 |
| 19. | (f) | each half hour perusing the documents recovered | each half hour perusing the documents recovered | £26.44 |
| 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 | £61.42 |
| 20. | (a) | (ii) | opposing solicitor | £26.44 |
| 20. | (b) | each half hour attending the execution of the commission | each half hour attending the execution of the commission | £26.44 |
| 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 | £55.74 |
| 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 | £55.74 |
| 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 | £26.44 |
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 | £42.20 |
| 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 | £42.20 |
| 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 | £41.51 |
| 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 | £20.79 |
| 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 | £15.97 |
| 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 | £7.97 |
| 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) | £13.12 |
| 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). | £9.10 |
| 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) | £3.64 |
| 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 | £8.01 |
| 6. | (b) | by a solicitor’s clerk | by a solicitor’s clerk | £4.01 |
| 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 | £35.31 |
| 1. | (b) | each quarter hour (or part thereof) subsequent to the first half hour | £17.67 |
| 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 | £13.66 |
| 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 | £6.77 |
| 3. | The fee for framing affidavits – per sheet (or part thereof) | The fee for framing affidavits – per sheet (or part thereof) | £11.60 |
| 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) | £7.77 |
| 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) | £3.09 |
| 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 | £6.72 |
| 5A. | (b) | by a solicitor’s clerk | £3.40 |
| 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 5 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
| 1. | 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 | £47.05 |
| 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 | £23.53 |
| 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 | 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 | £18.20 |
| 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 | 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 | £9.00 |
| 3. | The fee for— | The fee for— | The fee for— | |
| 3. | framing affidavits – per sheet (or part thereof) | framing affidavits – per sheet (or part thereof) | framing affidavits – per sheet (or part thereof) | £15.42 |
| 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 messengers-at-arms and sheriff officers, including examining execution and settling fee, | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee, | |
| 4. | (d) | agency accepting service or any writ, | agency accepting service or 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) | £10.39 |
| 5. | The fee for— | The fee for— | The fee for— | |
| 5. | (a) | attendance at court 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 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, open and closed records etc. or where revisal ordered — per 5 sheets (or part thereof), | 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), | 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) | £4.09 |
| 5A. | 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— | |
| 5A. | (a) | by a solicitor | by a solicitor | £9.12 |
| 5A. | (b) | by a solicitor’s clerk | by a solicitor’s clerk | £4.51 |
| 6. | (a) | There is no fee for photocopying— | There is no fee for photocopying— | |
| 6. | (a) | (i) | where fewer than 20 sheets are copied at any one time, | |
| 6. | (a) | (ii) | in relation to the first 20 sheets copied at any one time. | |
| 6. | (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— | |
| 6. | (b) | (i) | for each sheet copied for up to 10,000 sheets | £0.05 |
| 6. | (b) | (ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 |
SCHEDULE 7 — Amendments to schedule 1 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
PART 1 — DETAILED FEES
| Summary Procedure | Solemn Procedure | ||||||
|---|---|---|---|---|---|---|---|
| 1. | In connection with the conduct of a hearing— | In connection with the conduct of a hearing— | In connection with the conduct of a hearing— | In connection with the conduct of a hearing— | In connection with the conduct of a hearing— | ||
| 1. | (a) | (a) | in summary proceedings, the fee for— | in summary proceedings, the fee for— | in summary proceedings, the fee for— | ||
| 1. | (a) | (a) | (i) | any time up to the first half hour spent by a solicitor conducting the hearing | any time up to the first half hour spent by a solicitor conducting the hearing | £34.32 | |
| 1. | (a) | (a) | (ii) | each quarter hour spent, subsequent to the first half hour, conducting the hearing | each quarter hour spent, subsequent to the first half hour, conducting the hearing | £17.17 | |
| 1. | (b) | (b) | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing | £21.48 | |
| 1A. | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor 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 or attend a first examination | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor 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 or attend a first examination | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor 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 or attend a first examination | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor 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 or attend a first examination | Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor 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 or attend a first examination | £88.16 | £88.16 |
| 2. | The fee for any of the following— | The fee for any of the following— | The fee for any of the following— | The fee for any of the following— | The fee for any of the following— | £7.52 | £8.17 |
| 2. | (a) | (a) | each citation of a witness, including execution, | each citation of a witness, including execution, | each citation of a witness, including execution, | ||
| 2. | (b) | (b) | framing and drawing necessary papers other than those referred to in paragraph 3(c), | framing and drawing necessary papers other than those referred to in paragraph 3(c), | framing and drawing necessary papers other than those referred to in paragraph 3(c), | ||
| 2. | (c) | (c) | instructing messengers at arms and sheriff officers, including examining execution and settling fee, | instructing messengers at arms and sheriff officers, including examining execution and settling fee, | instructing messengers at arms and sheriff officers, including examining execution and settling fee, | ||
| 2. | (d) | (d) | lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii), and | lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii), and | lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii), and | ||
| 2. | (e) | (e) | letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b). | letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b). | letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b). | ||
| 3. | The fee for any of the following— | The fee for any of the following— | The fee for any of the following— | The fee for any of the following— | The fee for any of the following— | £3.04 | £3.25 |
| 3. | (a) | (a) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged, | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged, | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged, | ||
| 3. | (b) | (b) | short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls, | short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls, | short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls, | ||
| 3. | (c) | (c) | framing formal papers, including inventories and title pages, per sheet (or part thereof), | framing formal papers, including inventories and title pages, per sheet (or part thereof), | framing formal papers, including inventories and title pages, per sheet (or part thereof), | ||
| 3. | (d) | (d) | revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof), and | revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof), and | revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof), and | ||
| 3. | (e) | (e) | subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call. | subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call. | subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call. | ||
| 4. | In connection with taking a precognition in relation to solemn proceedings— | In connection with taking a precognition in relation to solemn proceedings— | In connection with taking a precognition in relation to solemn proceedings— | In connection with taking a precognition in relation to solemn proceedings— | In connection with taking a precognition in relation to solemn proceedings— | ||
| 4. | (a) | (a) | subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent— | subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent— | subject to paragraph 7 of the notes on the operation of schedule 1, the fee for each hour (or part thereof) spent— | ||
| 4. | (a) | (a) | (i) | (i) | travelling | £13.57 | |
| 4. | (a) | (a) | (ii) | (ii) | taking a statement | £13.57 | |
| 4. | (b) | (b) | the fee for— | the fee for— | the fee for— | ||
| 4. | (b) | (b) | (i) | (i) | framing the precognition, per sheet | £2.85 | |
| 4. | (b) | (b) | (ii) | (ii) | each letter making arrangements for taking a statement | £1.72 | |
| 4. | (b) | (b) | (iii) | (iii) | a telephone call, of any duration | £1.13 | |
| 5. | There is no fee for photocopying— | There is no fee for photocopying— | There is no fee for photocopying— | There is no fee for photocopying— | There is no fee for photocopying— | ||
| 5. | (a) | (a) | where fewer than 20 sheets are copied at any one time, | where fewer than 20 sheets are copied at any one time, | where fewer than 20 sheets are copied at any one time, | ||
| 5. | (b) | (b) | in relation to the first 20 sheets copied at any one time. | in relation to the first 20 sheets copied at any one time. | in relation to the first 20 sheets copied at any one time. | ||
| 5. | Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is— | ||
| 5. | (a) | (a) | for each sheet copied for up to 10,000 sheets | for each sheet copied for up to 10,000 sheets | for each sheet copied for up to 10,000 sheets | £0.05 | £0.05 |
| 5. | (b) | (b) | for each sheet copied in addition to the first 10,000 sheets | for each sheet copied in addition to the first 10,000 sheets | for each sheet copied in addition to the first 10,000 sheets | £0.01 | £0.01 |
| 5A. | The fee for each quarter of an hour spent travelling— | The fee for each quarter of an hour spent travelling— | The fee for each quarter of an hour spent travelling— | The fee for each quarter of an hour spent travelling— | The fee for each quarter of an hour spent travelling— | ||
| 5A. | (a) | (a) | by a solicitor | by a solicitor | by a solicitor | £6.63 | £7.18 |
| 5A. | (b) | (b) | by a solicitor’s clerk | by a solicitor’s clerk | by a solicitor’s clerk | £3.31 | £3.60 |
| 6. | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs— | ||
| 6. | (a) | by a solicitor, provided the time is additional to the total time charged for under paragraph 1 | by a solicitor, provided the time is additional to the total time charged for under paragraph 1 | by a solicitor, provided the time is additional to the total time charged for under paragraph 1 | by a solicitor, provided the time is additional to the total time charged for under paragraph 1 | £13.23 | £14.32 |
| 6. | (b) | by a solicitor’s clerk | by a solicitor’s clerk | by a solicitor’s clerk | by a solicitor’s clerk | £6.59 | £7.18 |
PART 2 — INCLUSIVE FEES FOR SOLEMN FIRST INSTANCE PROCEEDINGS
| Column A | Column B | Column C | |||
|---|---|---|---|---|---|
| 1.The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where— | 1.The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where— | 1.The fee for all work from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law, where— | |||
| (a) | at the first examination the client is either— | at the first examination the client is either— | |||
| (a) | (i) | not committed for further examination, or | £178.31 | £156.03 | £66.88 |
| (a) | (ii) | committed for further examination and admitted to bail | |||
| (b) | at the first examination the client is committed for further examination and not admitted to bail | at the first examination the client is committed for further examination and not admitted to bail | £267.47 | £245.19 | £156.03 |
| 2.The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | 2.The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | 2.The fee for all work preparing for a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents | £66.88 | £66.88 | £66.88 |
| 3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case | 3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case | 3. The fee for arranging and attending all meetings, including consultations, in prison with the client after full committal for trial up to the conclusion of the case | £512.64 | £356.62 | £178.31 |
| 4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of– | 4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of– | 4. The fee for preparation, including citing and settling with witnesses, perusing evidence and preparing lines of enquiry and submissions but excluding relative consultations, in respect of– | |||
| (a) | the first day of trial | the first day of trial | £468.06 | £334.34 | £178.31 |
| (b) | a subsequent day of trial | a subsequent day of trial | £178.31 | £133.75 | £44.59 |
| 4A. The fee for preparation for | 4A. The fee for preparation for | 4A. The fee for preparation for | £44.59 | £44.59 | £44.59 |
| (a) | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty), | a hearing under section 76 of the 1995 Act (procedure where accused decides to plead guilty), | |||
| (b) | a hearing on a plea in bar of trial, | a hearing on a plea in bar of trial, | |||
| (c) | a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation. | a hearing raising a preliminary issue, where the preliminary issue would have the effect of excusing the accused person from trial and no other fee is prescribed for this preparation. | |||
| 5.The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal | 5.The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal | 5.The fee for all work in connection with post conviction discussions, advice and representation including advising and giving an opinion on the prospects of any appeal | £207.65 | £207.65 | £118.50 |
| 6.Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:– | 6.Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:– | 6.Unless dealt with in the course of the preliminary hearing or a first diet, the fee for all work in connection with any of the following:– | £178.31 | £178.31 | £178.31 |
| (a) | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998, | a devolution issue, in terms of Schedule 6 to the Scotland Act 1998, | |||
| (ab) | a compatibility issue in terms of section 288ZA [^f00027] of the 1995 Act, | a compatibility issue in terms of section 288ZA [^f00027] of the 1995 Act, | |||
| (b) | a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act, | a vulnerable witnesses application, in terms of section 271A, B, C or D of the 1995 Act, | |||
| (c) | a specification of documents, | a specification of documents, | |||
| (d) | a precognition on oath, | a precognition on oath, | |||
| (e) | an evidence on commission, | an evidence on commission, | |||
| (f) | an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act, | an application to lead evidence relating to sexual offences under section 275(1) of the 1995 Act, | |||
| (g) | a proof in mitigation, and | a proof in mitigation, and | |||
| (h) | an examination of facts. | an examination of facts. |
SCHEDULE 8 — Schedule 1A of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
SCHEDULE 9 — Amendments to Part 1 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
| Criminal | Civil | Children’s | |||
|---|---|---|---|---|---|
| (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00030]— | (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00030]— | (b) fees, as undernoted, for work other than or subsequent to that described in schedule 1B of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00030]— | |||
| 1.The fee for— | 1.The fee for— | 1.The fee for— | 1.The fee for— | 1.The fee for— | 1.The fee for— |
| (i) | any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing | £34.32 | £41.51 | £41.51 | |
| (ii) | each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing | £17.17 | £20.79 | £20.79 | |
| 1A. | 1A. | 1A. | 1A. | 1A. | 1A. |
| Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor 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 | £88.16 | ||||
| 2.The fee for— | 2.The fee for— | 2.The fee for— | 2.The fee for— | 2.The fee for— | 2.The fee for— |
| (i) | each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs1 and 3 to 5 of this table, provided that any time is additional to the total time charged for under paragraph 1 | £13.23 | £15.97 | £15.97 | |
| (ii) | for each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs3 to 5 of this table | £6.59 | £7.97 | £7.97 | |
| 3.The fee for— | 3.The fee for— | 3.The fee for— | £7.52 | £9.10 | £9.10 |
| (i) | each citation of a witness including execution thereof, | ||||
| (ii) | framing and drawing precognitions and other necessary papers, subject to paragraph4(iii) below - per sheet (or part thereof), | ||||
| (iii) | instructing messengers-at-arms and sheriff officers, including examining execution and settling fee, | ||||
| (iv) | lengthy telephone calls (of over 4 and up to 10 minutes duration), and | ||||
| (v) | letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof). | ||||
| 4.The fee for— | 4.The fee for— | 4.The fee for— | £3.04 | £3.64 | £3.64 |
| (i) | attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged, | ||||
| (ii) | short letters of a formal nature, intimations and letters confirming telephone calls, | ||||
| (iii) | framing formal papers, including inventories and title pages - per sheet (or part thereof), | ||||
| (iv) | revising papers drawn by counsel or where revisal ordered by court – per 5 sheets (or part thereof), and | ||||
| (v) | short telephone calls (of up to 4 minutes duration). | ||||
| 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— | 4A. The fee for each quarter of an hour (or part thereof) spent travelling— |
| (a) | by a solicitor | by a solicitor | £6.63 | £8.01 | £8.01 |
| (b) | by a solicitor’s clerk | by a solicitor’s clerk | £3.31 | £4.01 | £4.01 |
| 5. | 5. | 5. | 5. | 5. | 5. |
| (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— | (a) There is no fee for photocopying— |
| (i) | where fewer than 20 sheets are copied at one time, | ||||
| (ii) | in relation to the first 20 sheets copied at any one time. | ||||
| (b) | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— |
| (b) | (i) | for each sheet copied, up to 10,000 sheets, and | £0.05 | £0.05 | £0.05 |
| (b) | (ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 | £0.01 | £0.01 |
SCHEDULE 10 — Amendments to Part 2 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
| Criminal | Civil | Children | |||||
|---|---|---|---|---|---|---|---|
| A. | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | Time occupied in carrying out work for the client other than work described in paragraphsB to E below— | |||
| A. | (i) | Solicitor – per quarter hour (or part thereof) | Solicitor – per quarter hour (or part thereof) | Solicitor – per quarter hour (or part thereof) | £14.53 | £15.97 | £15.97 |
| A. | (ii) | Solicitor’s clerk – per quarter hour (or part thereof) | Solicitor’s clerk – per quarter hour (or part thereof) | Solicitor’s clerk – per quarter hour (or part thereof) | £7.25 | £7.97 | £7.97 |
| B. | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof) | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof) | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof) | For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof) | £3.32 | £3.64 | £3.64 |
| C. | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration) | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration) | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration) | For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration) | £8.27 | £9.10 | £9.10 |
| D. | For taking and drawing precognitions – for the first sheet of 250 words or less | For taking and drawing precognitions – for the first sheet of 250 words or less | For taking and drawing precognitions – for the first sheet of 250 words or less | For taking and drawing precognitions – for the first sheet of 250 words or less | £29.00 | £31.93 | £31.93 |
| D. | for each subsequent sheet of 250 words | for each subsequent sheet of 250 words | for each subsequent sheet of 250 words | for each subsequent sheet of 250 words | £29.00 | £31.93 | £31.93 |
| D. | for each subsequent sheet of less than 250 words | for each subsequent sheet of less than 250 words | for each subsequent sheet of less than 250 words | for each subsequent sheet of less than 250 words | £14.53 | £15.97 | £15.97 |
| DA. | 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— | |||
| DA. | (a) | (a) | by a solicitor | by a solicitor | £7.28 | £8.01 | £8.01 |
| DA. | (b) | (b) | by a solicitor’s clerk | by a solicitor’s clerk | £3.63 | £4.01 | £4.01 |
| E. | (a) | (a) | There is no fee for photocopying— | There is no fee for photocopying— | |||
| E. | (a) | (a) | (i) | where fewer than 20 sheets are copied at one time, | |||
| E. | (a) | (a) | (ii) | in relation to the first 20 sheets copied at any one time. | |||
| E. | (b) | (b) | Subject to sub-paragraph (a), the fee for all photocopying in the matter is— | Subject to sub-paragraph (a), the fee for all photocopying in the matter is— | |||
| E. | (b) | (b) | (i) | for each sheet copied, up to 10,000 sheets, and | £0.05 | £0.05 | £0.05 |
| E. | (b) | (b) | (ii) | for each sheet copied in addition to the first 10,000 sheets | £0.01 | £0.01 | £0.01 |
SCHEDULE 11 — Amendments to Part 3 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996
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