The Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment Regulations 1987

Made: 8th May 1987

Laid before Parliament: 11th May 1987

Coming into force: 1st June 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:

1

• (1) These Regulations may be cited as the Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment Regulations 1987 and shall come into force on 1st June 1987.

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

2

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

3

The amendments to the principal Regulations made by regulation 2 of these Regulations shall apply only to fees in relation to proceedings concluded on or after 1st June 1987.

SCHEDULE — TABLE OF FEES

1

Trial per day

2

Appeals, etc

3

Consultations

4

Opinion on appeal, etc.

5

Revisal of stated case

6

Drafting bill of suspension

7

Remits for sentence and pleas in mitigation

1

Trial - per day

2

Appeals, etc

3

Consultations

4

Opinion on appeal

5

Revisal of stated case

6

Revisal of bill of suspension

7

Remits for sentence and pleas in mitigation

Signed

Ian Lang — Parliamentary Under Secretary of State,Scottish Office — 8th May 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 counsel 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 June 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.

The overall increase is around 4½ per cent.

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 instruments are S.I. 1985/554 and 1986/674.