The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment (No.2) Regulations 1990

Made: 9th May 1990

Laid before Parliament: 11th May 1990

Coming into force: 1st June 1990

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 Civil Proceedings) Amendment (No.2) Regulations 1990 and shall come into force on 1st June 1990.

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

Amendment of principal Regulations

2

For the Table of Fees set out in Schedule 1 to the principal Regulations (fees of solicitors for proceedings in the court of session) there shall be substituted the Table of Fees set out in Schedule 1 to these Regulations.

3

For the Table of Fees set out in Schedule 2 to the principal Regulations (fees of solicitors for proceedings in the sheriff court) there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

4

The amendments to the principal Regulations made by regulations 2 and 3 of these Regulations shall apply only to fees for work done on or after 1st June 1990.

SCHEDULE 1

SCHEDULE 2

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 9th May 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984 so as to increase the fees allowable to solicitors for legal aid in civil proceedings. The overall increase is around 7.5% and will apply to work done on or after 1st June 1990.

Regulation 2 and Schedule 1 substitute a new Table of Fees for the Table of Fees in Schedule 1 to the 1984 Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the Court of Session, and Chapter 1 of the Table also regulates solicitors' fees for legal aid in the House of Lords, Restrictive Practices Court and Employment Appeal Tribunal and, in certain circumstances, the Lands Tribunal for Scotland.)

Regulation 3 and Schedule 2 substitute a new Table of Fees for the Table of Fees in Schedule 2 to the 1984 Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the sheriff court. Chapter III of the Table of Fees also regulates solicitors' fees for legal aid in the Scottish Land Court and in certain circumstances the Lands Tribunal for Scotland.)

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 work done following upon such applications that these Regulations increase the fees.

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. 1984/519; the relevant amending instruments are S.I. 1987/894, 1988/1108 and 1989/1495.

[^f00004]: 1976 c. 39.

[^f00005]: 1933 c. 41.