The Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment (No.2) Regulations 1987

Made: 29th July 1987

Laid before Parliament: 10th August 1987

Coming into force: 1st September 1987

The Secretary of State, in exercise of the powers conferred on him by sections 14A and 15 of the Legal Aid (Scotland) Act 1967([^f00001]), as read with section 45 of, and paragraph 3(1) of Schedule 4 to, the Legal Aid (Scotland) Act 1986([^f00002]), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment (No.2) Regulations 1987 and shall come into force on 1st September 1987.

• (2) In these Regulations “the principal Regulations” means the Legal Aid (Scotland) (Fees in Criminal Proceedings) Regulations 1984([^f00003]).

Amendment of principal Regulations

2

After regulation 4 of the principal Regulations there shall be inserted the following regulation:–

(4A) (1) Subject to paragraph (2) accounts prepared in respect of fees and outlays allowable to solicitors shall be submitted to the Board not later than 3 months after the date of conclusion of the proceedings in respect of which that legal aid was granted. (2) The Board may accept accounts submitted in respect of fees and outlays later than the 3 months referred to in paragraph (1) if they consider that there is a special reason for late submission.

3

In the provisions of the principal Regulations listed in column 1 of Schedule 1 to these Regulations, for the amounts of the fees specified in these provisions and set out opposite in column 2 of Schedule 1, there shall be substituted the amounts specified opposite in column 3 of that Schedule.

4

For the Table of Fees in Schedule 1 to the principal Regulations there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

5

For the Table of Fees in Schedule 2 to the principal Regulations there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

6

The amendments to the principal Regulations made by regulations 2, 3, 4 and 5 of these Regulations shall apply only to fees in relation to proceedings concluded on or after 1st September 1987.

SCHEDULE 1

SCHEDULE 2 — TABLE OF FEES APPLICABLE FOR CALCULATING REMUNERATION OF SOLICITORS IN PROCEEDINGS IN THE HIGH COURT

1

• (a) Framing precognitions and other papers, not drawn by counsel - per sheet

2

Copying papers by any means–

3

Revising papers drawn by counsel for each five sheets or part thereof

4

Citation of witnesses, instructions to messengers-at-arms–

5

Time charges–

6

Correspondence–

SCHEDULE 3 — TABLE OF FEES APPLICABLE FOR CALCULATING REMUNERATION OF SOLICITORS IN PROCEEDINGS IN THE SHERIFF OR DISTRICT COURT

1

Attendance at court conducting trial or other hearing - per half hour

2

Time occupied in the performance of all other work including attendances with client and others and attendances at court in all circumstances, except as otherwise specifically provided–

3

Drawing all necessary papers (the sheet throughout this Table to consist of 250 words or numbers) - per sheet

4

Revising papers where revisal ordered - for each five sheets

5

Copying all necessary papers by any means

6

Perusing any document (other than a letter) not exceeding

7

Lodging in court

8

Correspondence, intimations, etc.

9

Citations

10

Instructions to officers

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 29th July 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Scotland) (Fees in Criminal Proceedings) Regulations 1984 so as to increase the fees allowable to solicitors for legal aid in criminal proceedings given under the Legal Aid (Scotland) Act 1967. The increased fees will apply to proceedings concluded on or after 1st September 1987.

The Legal Aid (Scotland) Act 1967 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of legal aid applications which were granted before commencement of the 1986 Act on 1st April 1987 (see paragraph 3(1) of Schedule 4 to the 1986 Act). It is thus only in respect of proceedings following upon such applications that these Regulations increase the fees.

Regulation 2 introduces a requirement on a solicitor to submit accounts to the Scottish Legal Aid Board within 3 months from the date of conclusion of the proceedings in respect of which legal aid was granted. An exception is made which allows the Board to waive this time bar where it considers that a special reason exists for the late submission of accounts.

Regulation 3 and Schedule 1 increase the maximum and minimum fees allowable to solicitors in respect of various kinds of proceedings or work.

Regulation 4 and Schedule 2 increase the detailed fees applicable (subject normally to the prescribed maximum and minimum) for calculating the remuneration of solicitors in proceedings in the High Court of Justiciary. The overall increase is about 4%.

Regulation 5 and Schedule 3 increase the detailed fees applicable (subject normally to the prescribed maximum and minimum) for calculating the remuneration of solicitors in proceedings in the sheriff or district court. The fees have been increased by amounts similar to those in Schedule 2.

Footnotes

[^f00001]: 1967 c. 43; section 14A was inserted by section 3 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12).

[^f00002]: 1986 c. 47.

[^f00003]: S.I. 1984/520; the relevant amending instrument is S.I. 1986/674.