The Civil Legal Aid (Scotland)(Fees) Amendment Regulations 1991

Made: 8th March 1991

Laid before Parliament: 12th March 1991

Coming into Force: 1st April 1991

The Secretary of State, in excercise 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 Regulations 1991 and shall come into force on 1st April 1991.

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

Amendment of principal Regulations

2

In regulation 10(3) of the principal Regulations there shall be inserted at the end the word “thereon”

3

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.

4

In Schedule 2 to the principal Regulations (fees of solicitors for proceedings in the sheriff court)–

• (a) for the Table (Actions: percentage reduction) set out in paragraph 2(f) there shall be substituted the Table set out in Schedule 2 to these Regulations; and

• (b) for the Table of Fees set out in that Schedule there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

5

In Schedule 3 to the principal Regulations (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court)–

• (a) in paragraph 2.1 for “1.1” there shall be substituted “1”; and

• (b) for the Table of Fees set out in that Schedule there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

6

For the Table of Fees set out in Schedule 4 to the principal Regulations (fees for counsel for proceedings in the sheriff court) there shall be substituted the Table of Fees set out in Schedule 4 to these Regulations.

7

The amendments to the principal Regulations contained in regulations 3, 4(b), 5(b) and 6 of these Regulations shall apply only to fees for work done on or after 1st April 1991.

SCHEDULE 1 — NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 1 TO THE PRINCIPAL REGULATIONS

SCHEDULE 2

NEW TABLE (ACTIONS: PERCENTAGE REDUCTION) TO BE SUBSTITUTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 2 TO THE PRINCIPAL REGULATIONS

SCHEDULE 3 — NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 3 TO THE PRINCIPAL REGULATIONS

SCHEDULE 4 — NEW TABLE OF FEES TO BE SUBSTITUTED IN SCHEDULE 4 TO THE PRINCIPAL REGULATIONS

Signed

James Douglas-Hamilton — Parliamentary Under-Secretary of State, Scottish Office — 8th March 1991

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 for a number of purposes, but principally so as to increase the fees allowable to solicitors and counsel for civil legal aid (and for legal aid in certain proceedings relating to children): the fees for solicitors in Schedules 1 and 2 (regulations 3 and 4(b)) by 8.5% and those for counsel in Schedule 4 (regulation 6) by 9%.

Regulations 2 and 5(a) make minor drafting amendments designed amendments designed to clarify the intention behind the principal Regulations.

Regulation 4(a) deletes actions 1 and 2 of the Table to paragraph 2(f) of Schedule 2, which, unless the sheriff otherwise directs, reduces the fees chargeable for actions of summary cause by the Sheriff Court of a value from £50 to £250 and less than £50 by 25% and 50% respectively, as they do not now serve any practical purpose following the introduction of the Small Debt Claims Procedure in November 1988. In action 3 (renumbered 1) the words “in undefended actions” have been inserted to bring the provision into line with the Lord President’s table of fees (civil) for proceedings in the Sheriff Court.

The major change regarding solicitors' fees is contained in Schedule 3 (regulation 5(b)) which prescribes a simplified table of fees for calculating the remuneration of solicitors who choose to lodge a detailed fee account. The amendment reduces the number of basic fees from 7 to 5 and, in rationalising these rates with those paid for comparable criminal work (with exception of perusing), increases the fees on average by about 12%.

The Regulations provide that the amendments in regulations 3. 4(b), 5(b) and 6 will apply only to work done on or after 1st April 1991.

Footnotes

[^f00001]: 1986 c. 47.

[^f00002]: S.I. 1989/1490, amended by S.I. 1990/473 and 1036.

[^f00003]: 1976 c. 39.

[^f00004]: 1933 c. 41.

[^f00005]: 1963 c. 22; section 3 was amended by the Divorce (Scotland) Act 1976 (c. 39), section 8, by the Civil Jurisdiction and Judgements Act 1982 (c. 27), Schedule 14 and by S.I. 1985/626.

[^f00006]: 1976 c. 39.

[^f00007]: 1981 c. 59.