The Legal Aid (Scotland) (Fees in Civil Proceedings) Amendment Regulations 1990

Made: 6th March 1990

Laid before Parliament: 9th March 1990

Coming into force: 1st April 1990

The Secretary of State, in exercise of the powers conferred upon 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 Civil Proceedings) Amendment Regulations 1990 and shall come into force on 1st April 1990.

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

2

For the Table of Fees set out 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 in regulation 2 of these Regulations shall apply only to fees in relation to work done on or after 1st April 1990.

SCHEDULE — TABLE OF FEES

CHAPTER I — JUNIOR COUNSEL

PART I — UNDEFENDED ACTIONS OF DIVORCE OR SEPARATION – AFFIDAVIT PROCEDURE

1

Summons or other initiating writ

2

Minute

3

By Order Roll appearance

4

All other work

PART II — CONSISTORIAL ACTIONS OTHER THAN THOSE TO WHICH PART I APPLIES

1

Summons or other initiating writ

2

Minute for pursuer relating to custody, aliment or access

3

Defences or answers

4

Joint minute regulating custody, aliment or access

5

By Order Roll appearance

6

All other work

PART III — PETITIONS

1

Petition (including any revisals thereto)

2

Answers (including any revisals thereto)

3

All other work

PART IV — ORDINARY ACTIONS

1

Summons (including any revisals thereto)

2

Defences (including any revisals thereto)

3

Adjustment of record

4

Specification of documents

5

Minutes, etc.

6

Notes

7

Consultations

8

Motions

9

Procedure Roll, proof or jury trial

10

Inner House

11

Attendance at judgement

CHAPTER II — SENIOR COUNSEL

CONSISTORIAL ACTIONS, PETITIONS AND ORDINARY ACTIONS

1

Revisal of pleadings

2

Minutes, etc. – revisal fees

3

Notes

4

Consultations

5

Day in court

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 6th March 1990

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Legal Aid (Scotland) (Fees in Civil Proceedings) Regulations 1984 so as to increase the fees allowable to Counsel for legal aid in civil proceedings given under the Legal Aid (Scotland) Act 1967. The increased fees will apply to fees for work done on or after 1st April 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 work done following upon such applications that these Regulations increase the fees.

The overall increase is around 8%.

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. 1985/557, 1986/681, 1987/825, 1988/422 and 1989/389.

[^f00004]: 1976 c. 39.

[^f00005]: 1981 c. 59.