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The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026

Type Scottish-Statutory-Instrument

Publication 2026-03-11

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 11th March 2026

Coming into force in accordance with regulation 1

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

(1) These Regulations may be cited as the Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026.

(2) Subject to paragraphs (3) and (4), these Regulations come into force on 1 June 2026.

(3) Regulations 3 to 8 and schedules 1 to 14 come into force on 1September 2026.

(4) Regulation 11 and schedule 15 comes into force on 14 December 2026.

Application

2

(1) These Regulations apply only in relation to fees for work done or outlays incurred on or after 1 September 2026, except in relation to regulations 6, 7(2), (3)(c) and (e) and 8 to 11.

(2) Regulations 6, 7(2), (3)(c) and (e) and 8 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 1 September 2026.

(3) Regulations 9 and 10 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 1 June 2026.

(4) Regulation 11 applies 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 14 December 2026.

(5) For the purposes of paragraph (1), where work for a fee or fixed payment prescribed in schedules 1 to 15 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 “£26.30”[^f00004] substitute “£29.72”.

(3) In Part 1 of Chapter 3 of the table of fees in schedule 2 (undefended actions), for the first table of fees substitute the table in schedule 1 of these Regulations.

(4) In Part 2 of Chapter 3 of the table of fees in schedule 2 (defended actions), for the first table of fees substitute the table in schedule 2 of these Regulations.

(5) In Chapter 4 of the table of fees in schedule 2 (executry business), for the table of fees substitute the table 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 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)[^f00006], for the table of fees substitute the table 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)[^f00007], for the table of fees substitute the table 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 “£9.12”[^f00008] substitute “£10.31”,

(b) in Chapter 2 (sheriff court civil fees (defended)) in the notes on the operation of Chapter 2 in paragraph 21, for “£9.12”[^f00009] substitute “£10.31”.

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

4

(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989[^f00010] are amended as follows.

(2) In regulation 5(1) (fees allowable to solicitors: identification parades)[^f00011]—

(a) in sub-paragraph (a)(i), for “£142.68” substitute “£161.23”,

(b) in sub-paragraph (a)(ii), for “£15.88” substitute “£17.95”,

(d) in sub-paragraph (b)(ii), for “£14.80” substitute “£16.73”.

(3) In regulation 6 (duty solicitors’ fees)[^f00012]—

(a) in each of sub-paragraphs (a) and (b) of paragraph (1), for “£78.85” substitute “£89.11”,

(b) in each of sub-paragraphs (a) and (b) of paragraph (1), for “£11.28” substitute “£12.75”,

(4) In regulation 6(1)—

(a) for “£182” substitute “£205.66”,

(b) for “£127” substitute “£143.51”.

(5) In regulation 6(2), for “£276” substitute “£311.88”.

(6) In regulation 6(2A) for “£88.16” substitute “£99.63”.

(7) In regulation 6(3) for “£180” substitute “£203.40”.

(8) In schedule 1 (fees of solicitors) in the notes on the operation of schedule 1 in paragraph 7(1)[^f00013], for “£14.89” substitute “£16.83”.

(9) In schedule 1 in the table of fees, for Part 1 (detailed fees) and Part 2 (inclusive fees for solemn first instance proceedings) substitute the tables in schedule 7 of these Regulations.

(10) In schedule 1A (fees of solicitors)[^f00014] in the table of fees, for Part 1 (detailed fees) and Part 2 (fees for solemn first instance proceedings) substitute the tables in schedule 8 of these Regulations.

Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992

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)[^f00015] of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992[^f00016] is amended as follows—

(a) in paragraph 1(a), for “£34.32” substitute “£38.79”,

(b) in paragraph 1(b), for “£17.17” substitute “£19.41”,

(d) in paragraph 2(b), for “£6.59” substitute “£7.45”,

(e) in paragraph 3, for “£7.52” substitute “£8.50”,

(f) in paragraph 4, for “£3.04” substitute “£3.44”,

(g) in paragraph 4A(a)[^f00017], for “£6.63” substitute “£7.50”,

(h) in paragraph 4A(b), for “£3.31” substitute “£3.75”,

(i) in paragraph 5(b)(i), for “5 pence” substitute “£0.06”,

(j) in paragraph 5(b)(ii), for “1 penny” substitute “£0.02”.

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[^f00018] is amended as follows—

(a) in paragraph (a)(i), for “£180” substitute “£205”,

(b) in paragraph (b)—

(i) in sub-paragraph (i), for “£135” substitute “£155”,

(ii) in sub-paragraph (ii), for “£50” substitute “£60”,

(iii) in sub-paragraph (iv), for “£135” substitute “£155”,

(iv) in sub-paragraph (v), for “£550” substitute “£625”,

(i) in each of sub-paragraphs (i) and (ii), for “£115” substitute “£130”,

(ii) in each of sub-paragraphs (iia), (xi), (xv), (xvi) and (xviii) for “£600” substitute “£680”,

(iii) in sub-paragraph (iii), for “£50” substitute “£60”,

(iv) in sub-paragraph (iv), for “£750” substitute “£850”,

(v) in sub-paragraph (v), for “£500” substitute “£565”,

(vi) in each of sub-paragraphs (vi), (vii) and (ix), for “£215” substitute “£245”,

(vii) in sub-paragraph (viii), for “£290” substitute “£330”,

(viii) in each of sub-paragraphs (x), (xv), (xvi) and (xviii), for “£250” substitute “£285”,

(ix) in each of sub-paragraphs (xii), (xiii), (xiv), (xvia) and (xix), for “£385” substitute “£440”,

(x) in sub-paragraph (xvii), for “£550”[^f00019] substitute “£625”.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

7

(1) The Advice and Assistance (Scotland) Regulations 1996[^f00020] are amended as follows.

(2) In regulation 17(1B) (fees and outlays of solicitors: inclusive fee)[^f00021], for “£572.00” substitute “£646.36”.

(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)[^f00022]—

(i) in paragraph 1, for the table of fees substitute the table in schedule 9 of these Regulations,

(ii) in paragraph 3 (petition by debtor for sequestration)[^f00023]—

(aa) in sub-paragraph (a), for “£41.51” substitute “£46.91”, and

(bb) in sub-paragraph (b), for “£68.16” substitute “£77.03”,

(b) in paragraph 1 of Part 2 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation)[^f00024], for the table of fees substitute the table 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)[^f00025], for the table of fees substitute the table 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)[^f00026]—

(i) in paragraph 3 (standard rate), for “£93.87” substitute “£106.08”,

(ii) in paragraph 3 (higher rate), for “£124.85” substitute “£141.09”,

(iii) in paragraph 4(a) (standard rate), for “£143.93” substitute “£162.65”,

(iv) in paragraph 4(a) (higher rate), for “£191.42” substitute “£216.31”,

(v) in paragraph 4(b)(i) (standard rate), for “£250.29” substitute “£282.83”,

(vi) in paragraph 4(b)(i) (higher rate), for “£332.89” substitute “£376.17”,

(vii) in paragraph 4(b)(ii) (standard rate), for “£62.59” substitute “£70.73”,

(viii) in paragraph 4(b)(ii) (higher rate), for “£83.24” substitute “£94.07”,

(ix) in paragraph 5 (standard rate), for “£37.56” substitute “£42.45”,

(x) in paragraph 5 (higher rate), for “£49.95” substitute “£56.45”,

(xi) in paragraph 6 (standard rate), for “£14.53” in both places where it appears substitute “£16.42”,

(xii) in paragraph 6 (higher rate), for “£19.33” in both places where it appears substitute “£21.85”,

(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)[^f00027]—

(i) in paragraphs (a) and (c), for “£62.59” substitute “£70.73”,

(ii) in paragraph (b), for “£93.87” substitute “£106.08”,

(iii) in paragraph (d), for “£7.28” substitute “£8.23”,

(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)[^f00028]—

(i) in paragraph 3(a) (standard rate), for “£143.93” substitute “£162.65”,

(ii) in paragraph 3(a) (higher rate) for, “£191.42” substitute “£216.31”,

(iii) in paragraph 3(b)(i) (standard rate), for “£250.29” substitute “£282.83”,

(iv) in paragraph 3(b)(i) (higher rate), for “£332.89” substitute “£376.17”,

(v) in paragraph 3(b)(ii) (standard rate), for “£62.59” substitute “£70.73”,

(vi) in paragraph 3(b)(ii) (higher rate), for “£83.24” substitute “£94.07”

(vii) in paragraph 4 (standard rate), for “£37.56” substitute “£42.45”,

(viii) in paragraph 4 (higher rate), for “£49.95” substitute “£56.45”,

(ix) in paragraph 5 (standard rate), for “£14.53” in both places where it appears substitute “£16.42”,

(x) in paragraph 5 (higher rate), for “£19.33” in both places where it appears substitute “£21.85”.

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

8

(1) The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[^f00029] are amended as follows.

(2) In regulation 4(9)(b) (fixed payments allowable to solicitors)[^f00030], for “£113.56” substitute “£128.33”.

(3) In schedule 1[^f00031]—

(a) for the table of fees in Part 1 substitute the table in Part 1 of schedule 12 of these Regulations,

(b) for the table of fees in Part 2 substitute the table in Part 2 of schedule 12 of these Regulations.

(4) In schedule 1A[^f00032] for the table of fees substitute the table in schedule 13 of these Regulations.

(5) In schedule 1B[^f00033]—

(a) for the table of fees in Part 1 substitute the table in Part 1 of schedule 14 of these Regulations,

(b) for the table of fees in Part 2 substitute the table in Part 2 of schedule 14 of these Regulations.

Amendment of the Civil Legal Aid (Scotland) Regulations 2002

9

In each of paragraphs 7(ba) and (bb) of schedule 2 (rules for computing disposable income) of the Civil Legal Aid (Scotland) Regulations 2002[^f00034], for “2024 Regulations” substitute “2025 Regulations”.

Amendment of the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026

10

In regulation 6(4)(b) of the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026[^f00035], in the inserted paragraph (1A), for “under regulation 3A” substitute “described in regulation 3A”.

Amendment of the Criminal Legal Aid and Assistance by Way of Representation (Miscellaneous Amendment) (Scotland) Regulations 2026

11

(1) The Criminal Legal Aid and Assistance by Way of Representation (Miscellaneous Amendment) (Scotland) Regulations 2026[^f00036] are amended as follows.

(2) At the end of regulation 5(3)(b) add “(notwithstanding the substitution of paragraph 1A by the Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026)”.

(3) After regulation 9(5)(c) insert—

(ca) in paragraph (5)(c), for “schedule 1B”[^f00037] substitute “schedule 3”,

(4) In the schedule (schedules 3 and 4 of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999), for schedules 3 and 4 substitute the schedules 3 and 4 set out in schedule 15 of these Regulations.

SCHEDULE 1 — Amendments to Part 1 of Chapter 3 of the table of fees in 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	£9.56
1.	(b)	by advertisement	£26.91
2.	The fee for attendance at court	The fee for attendance at court	£26.91
3.	The fee for all other work	The fee for all other work	£75.68

SCHEDULE 2 — Amendments to Part 2 of Chapter 3 of the table of fees in schedule 2 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

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