LegalizeThe Criminal Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988
Made: 24th June 1988
Laid before Parliament: 11th July 1988
Coming into force: 1st August 1988
The Secretary of State, in exercise of the powers conferred upon him by section 33 of the Legal Aid (Scotland) Act 1986[^f00001], 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 Criminal Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988 and shall come into force on 1st August 1988.
- (2) In these Regulations “the principal Regulations” means the Criminal Legal Aid (Scotland) (Fees) Regulations 1987[^f00002].
Amendment of principal Regulations
2
In each of regulation 4A(1) and (2) delete the words “3 months” and insert the words “6 months”.
3
In regulation 6 of the principal Regulations—
- (a) in paragraph (2), after the words “additional fee” where they appear for the second time, there shall be inserted the words “calculated on the basis of the fees set out in Schedule 1”; and
- (b) the following paragraph shall be added after paragraph (2):—
(3) There shall be allowed to the duty solicitor making, for an accused person in the sheriff or district court, a preliminary plea to the competency or relevancy of the petition or complaint, or conducting any plea in bar of trial or any mental health proof, an additional fee to be calculated on the basis of the fees set out in Schedule 1, the amount of such additional fee to be such sum not exceeding £81-55 as shall form reasonable remuneration having regard to the additional work and time involved.
4
In paragraph (3)(a) of regulation 11 of the principal Regulations for the fees of £19.80, £7.65, £4.35 and £1.75 there shall be substituted the fees of £20.50, £7.90, £4.50 and £1.80 respectively.
5
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 those 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.
6
For Schedule 1 to the principal Regulations there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
7
The amendments to the principal Regulations made by regulations 2 to 6 of these Regulations shall apply only to accounts, fees and outlays in respect of proceedings concluded on or after 1st August 1988.
SCHEDULE 1
| 1 | 2 | 3 |
|---|---|---|
| (Provisions of the principal Regulations) | (Old fee) | (New fee) |
| £ | £ | |
| 5(1) | 60.60 | 62.70 |
| 14.75 | 15.25 | |
| 6(1)(a) | 32.15 | 33.30 |
| 4.35 | 4.50 | |
| 69.60 | 72.05 | |
| 6(1)(b) | 32.15 | 33.30 |
| 4.35 | 4.50 | |
| 46.75 | 48.40 | |
| 6(2) | 78.80 | 81.55 |
| 7 | 52.15 | 54.00 |
| 400.00 | 414.00 | |
| 128.50 | 133.00 | |
| 8(1) | 65.50 | 67.80 |
| 657.00 | 680.00 | |
| 8(2)(a) | 187.90 | 195.00 |
| 8(2)(b) | 128.50 | 130.00 |
| 9(1) | 81.85 | 84.70 |
| 1284.95 | 1330.00 | |
| 9(2) | 128.50 | 133.00 |
| 10(1) | 65.50 | 67.80 |
| 657.00 | 680.00 | |
| 10(2) | 128.50 | 133.00 |
SCHEDULE 2 — NEW SCHEDULE 1 TO BE SUBSTITUTED IN PRINCIPAL REGULATIONS
Signed
James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 24th June 1988
Explanatory note
(This note is not part of the Regulations)
These Regulations further amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1987 (“the principal Regulations”), principally so as to increase the fees allowable to solicitors for criminal legal aid by around 3 1/2% (regulations 4, 5 and 6).
They also amend the requirement on a solicitor to submit accounts to the Scottish Legal Aid Board within a given time of the date of conclusion of the proceedings in respect of which legal aid was granted, by increasing the time limit from 3 months to 6 months (regulation 2). They confirm for the avoidance of doubt that the duty solicitor may undertake specified preliminary pleas and pleas in bar of trial including mental health proofs (regulation 3).
The amendments are to take effect for proceedings concluded on or after 1st August 1988 (regulation 7).
Footnotes
[^f00001]: 1986 c. 47
[^f00002]: S.I. 1987/365, the relevant amending instrument is S.I. 1987/1358
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