LegalizeThe Legal Aid (Scotland) (Fees in Criminal Proceedings) Amendment 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 Criminal Procedings) Amendment 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 Criminal Proceedings) Regulations 1984[^f00003].
Amendment of principal Regulations
2
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.
3
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.
4
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.
5
The amendments to the principal Regulations made by regulations 2, 3 and 4 of these Regulations shall apply only to fees in relation to proceedings concluded on or after 1st June 1990.
SCHEDULE 1
| 1 | 2 | 3 |
|---|---|---|
| (Provision of the principal Regulations) | (Old Fee) | (New Fee) |
| £ | £ | |
| Regulation 5(1) | 61.30 | 65.90 |
| 14.90 | 16.00 | |
| Regulation 6(1)(a) | 36.30 | 39.00 |
| 4.90 | 5.25 | |
| 78.55 | 84.45 | |
| Regulation 6(1)(b) | 36.30 | 39.00 |
| 4.90 | 5.25 | |
| 52.75 | 56.70 | |
| Regulation 6(2) | 88.90 | 95.55 |
| Regulation 7 | 52.75 | 56.70 |
| 404.60 | 434.95 | |
| 130.00 | 139.75 | |
| Regulation 8(1) | 66.20 | 71.15 |
| 664.50 | 714.35 | |
| Regulation 8(2)(a) | 190.10 | 204.35 |
| Regulation 8(2)(b) | 130.00 | 139.75 |
| Regulation 8(3)(a) | 190.10 | 204.35 |
| Regulation 8(3)(b) | 64.95 | 69.80 |
| Regulation 9(1) | 82.75 | 88.95 |
| 1299.60 | 1397.05 | |
| Regulation 9(2) | 130.00 | 139.75 |
| Regulation 9(3)(a) | 163.05 | 175.30 |
| Regulation 9(3)(b) | 76.65 | 82.40 |
| Regulation 10 | 190.10 | 204.35 |
| Regulation 11(1) | 66.20 | 71.15 |
| 664.50 | 714.35 | |
| Regulation 11(2) | 130.00 | 139.75 |
SCHEDULE 2
SCHEDULE 3
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 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 June 1990.
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 and Schedule 1 increase the maximum and minimum fees allowable to solicitors in respect of various kinds of proceedings or work. The overall increase is about 7½%.
Regulation 3 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 7½%.
Regulation 4 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 instruments are S.I. 1987/1357 and 1989/1494.
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