The Civil Legal Aid (Scotland) (Fees) 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 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 Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1990 and shall come into force on 1st June 1990.

• (2) In these Regulations “the principal Regulations” means the Civil Legal Aid (Scotland) (Fees) Regulations 1989[^f00002].

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

For the Table of Fees set out in Schedule 3 to the principal Regulations (table of detailed fees chargeable by solicitors for proceedings in the court of session and sheriff court) there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

5

The amendments to the principal Regulations contained in regulations 2, 3 and 4 of these Regulations shall apply only to fees for work done on or after 1st June 1990.

SCHEDULE 1

SCHEDULE 2

SCHEDULE 3 — TABLE OF DETAILED FEES CHARGEABLE BY SOLICITORS FOR PROCEEDINGS IN THE COURT OF SESSION AND SHERIFF COURT

1

The fee for–

• (a) Any time up to the first half hour spent by a solicitor conducting a proof or hearing shall be £22.25;

• (b) Each quarter hour (or part thereof) subsequent to the first half hour shall be £11.10.

2

The fee for–

• (a) Each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 8 hereof, provided that any time is additional to the total time charged for under paragraph 1(a) above, shall be £9.25.

• (b) Each quarter hour (or part thereof) spent by a solicitor’s clerk in carrying out work other than that prescribed in paragraphs 3 to 8 hereof shall be £4.60.

3

The fee for–

• Framing affidavits – per sheet (or part thereof) shall be £7.90.

4

The fee for–

• Framing and drawing all necessary papers, other than affidavits or papers of a formal character, shall be £5.05.

5

The fee for–

• (a) Each citation of a party, witness or haver including execution thereof;

• (b) Instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;

• (c) Agency accepting service of any writ;

• (d) Lodging first step of process;

• (e) Lengthy telephone calls (of over 4 minutes and up to 10 minutes duration);

• (f) Letters, including instructions to counsel -per page (or part thereof), subject to paragraph 7 below;

• (g) Perusing any document (other than a letter) consisting of not more than 12 sheets – for the first 2 sheets and each 2 sheets thereafter* shall be £4.55.

6

The fee for–

• (a) Attendance at court offices for carrying out formal work including making up process and each necessary lodging in (other than first step), uplifting from or borrowing of process (to include return of same) or enquiry for documents due to be lodged;

• (b) Revising papers drawn by counsel, open and closed records etc or where revisal ordered – per 5 sheets (or part thereof);

• (c) Framing formal papers such as inventories, title pages and accounts of expenses per sheet (or part thereof);

• (d) Certifying or signing a document;

• (e) Short telephone calls (of up to 4 minutes duration), shall be £2.20.

7

The fee for–

• Short letters of a formal nature, intimations, and letters confirming telephone calls shall be £1.20.

8

Where an exceptional amount of copying proves necessary, a fee of 30 pence shall be paid for each sheet.

Interpretation

In this Table–

• “court” means court or tribunal as the case may be;

• a “sheet” shall consist of 250 words or numbers;

• a “page” shall consist of 125 words or numbers; and

• “exceptional” means the production of more than 20 output copy sheets (whether 20 of 1 sheet, 5 of 4 sheets or whatever) when a document has been copied.

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 amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 so as to increase the fees allowable to solicitors for civil legal aid (and for legal aid in certain proceedings relating to children). The overall increase is around 7½% and applies 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 principal Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the Court of Session).

Regulation 3 and Schedule 2 substitute a new Table of Fees for the Tables of Fees in Schedule 2 to the principal Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the sheriff court).

Regulation 4 and Schedule 3 substitute a new Table of Fees for the Table of Fees in Schedule 3 of the principal Regulations. (This Table of Fees regulates solicitors' fees for legal aid where the solicitor chooses to lodge a detailed fee account).

Footnotes

[^f00001]: 1986 c. 47.

[^f00002]: S.I. 1989/1490, to which there are amendments not relevant to these Regulations.

[^f00003]: 1976 c. 39.

[^f00004]: 1933 c. 41.

[^f00005]: 1976 c. 39.