The Civil Legal Aid (Scotland) (Fees) 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 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:

1

• (1) These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1990 and shall come into force on 1st April 1990.

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

2

For the Table of Fees set out in Schedule 4 to the principal Regulations (Fees of Counsel for Proceedings in the Court of Session) 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 for work done on or after 1st April 1990.

4

After regulation 10(2) of the principal Regulations there shall be inserted the following:–

(3) Where work done by Counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value added tax chargeable.

SCHEDULE

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 Civil Legal Aid (Scotland) (Fees) Regulations 1989 so as to increase the fees allowable to Counsel for civil legal aid (and for legal aid in certain proceedings relating to children) given under the Legal Aid (Scotland) Act 1986. The increase will apply to fees for work done on or after 1st April 1990. The overall increase is around 8%.

Regulation 4 corrects an omission in the principal Regulations which allows Counsel to add value added tax to their fees, where appropriate.

Footnotes

[^f00001]: 1986 c. 47.

[^f00002]: S.I. 1989/1490.

[^f00003]: 1976 c. 39.

[^f00004]: 1981 c. 59.