LegalizeThe Advice and Assistance (Scotland) (Consolidation and Amendment) Regulations 1996
1A
The fees under paragraphs 1, 2 and 4A of the table are payable on the basis of the total time engaged per day.
Interpretation
Petition by debtor for sequestration
Applications for advice and assistance: further provision
4A
The requirement in regulation 4 for an application for advice and assistance to be signed does not apply in the case of—
- (a) a client to whom section 32 of the Criminal Justice (Scotland) Act 2016 (right to have a solicitor present) applies;
- (b) a person who is detained under section 41 or schedule 7 of the Terrorism Act 2000;
- (c) a person who is detained under part 1 of schedule 3 of the Counter-Terrorism and Border Security Act 2019.
Applications for advice and assistance in relation to the Civil Jurisdiction and Judgments Act 1982
Applications on behalf of others
Determination of disposable income or disposable capital
Giving of advice and assistance by solicitor
Civil Advice and Assistance
Information to be recorded in criminal matters
Determination and collection of contributions
Applicant for advice and assistance having other rights and facilities
Notice to the Board on acceptance of application
Authority to exceed financial limit
Giving of advice and assistance on the same matter
Procedure on withdrawal from giving advice and assistance
Change of solicitor etc.
Supply of information by solicitors
Supply of information by clients
Payment of fees and outlays from property recovered or preserved
Fees and outlays of solicitors
Assessment and taxation of fees and outlays
Client’s right to require taxation
Fees and outlays recoverable from a third party
Right of Board to recover sums paid out of the Fund
Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters
PART III — TABLE OF FEES ALLOWED TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SECTIONS 19, 30 AND 36(1)(a) OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
| A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016. | A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016. | |
|---|---|---|
| 1. | Section 19 - Application for review of conditions of investigative liberation | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing; | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing; | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing; | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
| 2. | Section 30 - Application for review of undertaking conditions | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
| 3. | Section 36(1)(a) – Application for authorisation for questioning by a prosecutor | |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
PART IV — TABLE OF FEES ALLOWED TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTIONS 32 AND 44 OF THE CRIMINAL JUSTICE (SCOTLAND) ACT 2016
| 1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client— | 1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client— | 1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client— | 1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client— | 1.(a) Where a client to whom section 32 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2), a solicitor can only claim a fee under paragraph 4 for all work undertaken in a single period in which that client— | |
|---|---|---|---|---|---|
| (i) | (i) | voluntarily attends for interview, | voluntarily attends for interview, | ||
| (ii) | (ii) | is in custody, | is in custody, | ||
| (iii) | (iii) | voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody. | voluntarily attends for interview and during that interview, or immediately after it, is arrested and in custody. | ||
| (b) | Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody. | Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody. | Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody. | Where a client to whom section 32 applies has not exercised their right under section 32(2), a solicitor can only claim a fee under paragraph 3 or 5 for all work undertaken in a single period in which that client is in custody. | |
| (c) | (i) | (i) | Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during an unsocial time. | Where a fee under paragraph 3 or 4 is claimed, a solicitor can only claim the higher rate, instead of the standard rate, if personal attendance on the client takes place wholly or partly during an unsocial time. | |
| (ii) | (ii) | Where a fee under paragraph 5 is claimed, a solicitor can only claim a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time. | Where a fee under paragraph 5 is claimed, a solicitor can only claim a higher rate, instead of the standard rate, if the attendance on the client (personal or otherwise) takes place wholly or partly at an unsocial time. | ||
| 2. In this part— | 2. In this part— | 2. In this part— | 2. In this part— | 2. In this part— | |
| “unsocial time” means— | “unsocial time” means— | “unsocial time” means— | “unsocial time” means— | “unsocial time” means— | |
| a Saturday, Sunday or specified holiday;any time between 1900 hours and 0700 hours on any other day; | a Saturday, Sunday or specified holiday;any time between 1900 hours and 0700 hours on any other day; | a Saturday, Sunday or specified holiday;any time between 1900 hours and 0700 hours on any other day; | a Saturday, Sunday or specified holiday;any time between 1900 hours and 0700 hours on any other day; | a Saturday, Sunday or specified holiday;any time between 1900 hours and 0700 hours on any other day; | |
| “constable” means— | “constable” means— | “constable” means— | “constable” means— | “constable” means— | |
| a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;a person appointed under section 55(1) of the Energy Act 2004;a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005; | a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;a person appointed under section 55(1) of the Energy Act 2004;a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005; | a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;a person appointed under section 55(1) of the Energy Act 2004;a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005; | a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;a person appointed under section 55(1) of the Energy Act 2004;a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005; | a constable within the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012;a person appointed under section 21(1), 22(1), 23(1), 24(1) or 25(1) of the Railways and Transport Safety Act 2003;a person appointed under section 55(1) of the Energy Act 2004;a person who is a member of the Ministry of Defence Police by virtue of section 1(2) of the Ministry of Defence Police Act 1987;a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act;a person appointed as an officer of Revenue and Customs under section 2(1) of the Commissioners for Revenue and Customs Act 2005; | |
| “mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; | “mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; | “mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; | “mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; | “mental disorder” has the meaning given in section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003; | |
| “specified holiday” means— | “specified holiday” means— | “specified holiday” means— | “specified holiday” means— | “specified holiday” means— | |
| New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;2nd January or | New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;2nd January or | New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;2nd January or | New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;2nd January or | New Year’s Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following New Year’s Day;2nd January or | |
| if it is a Saturday, 4th January;if it is Sunday, 4th January; | if it is a Saturday, 4th January;if it is Sunday, 4th January; | if it is a Saturday, 4th January;if it is Sunday, 4th January; | if it is a Saturday, 4th January;if it is Sunday, 4th January; | if it is a Saturday, 4th January;if it is Sunday, 4th January; | |
| Good Friday;Easter Monday;the first Monday in May;30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;26th December or | Good Friday;Easter Monday;the first Monday in May;30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;26th December or | Good Friday;Easter Monday;the first Monday in May;30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;26th December or | Good Friday;Easter Monday;the first Monday in May;30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;26th December or | Good Friday;Easter Monday;the first Monday in May;30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following the 30th November;Christmas Day, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following Christmas Day;26th December or | |
| if it is a Saturday, 28th December;if it is a Sunday, 28th December. | if it is a Saturday, 28th December;if it is a Sunday, 28th December. | if it is a Saturday, 28th December;if it is a Sunday, 28th December. | if it is a Saturday, 28th December;if it is a Sunday, 28th December. | if it is a Saturday, 28th December;if it is a Sunday, 28th December. | |
| Standard Rate | Higher Rate | ||||
| 3. | 3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44. | Inclusive fee, excluding travel, for personal attendance by a solicitor where a constable determines the client has a mental disorder and the client has exercised a right to consultation under section 44. | £81.12 | £107.89 |
| 4. | 4. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)— | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to have a solicitor present in terms of section 32(2)— | ||
| (a) | (a) | aggregate time engaged or waiting is 2 hours or less; or | aggregate time engaged or waiting is 2 hours or less; or | £124.38 | £165.42 |
| (b)(i) | (b)(i) | aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and | aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and | £216.30 | £287.68 |
| (ii) | (ii) | for each additional hour over 4 hours (or part thereof). | for each additional hour over 4 hours (or part thereof). | £54.08 | £71.93 |
| 5. | 5. | Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3. | Inclusive fee, excluding travel, for attendance by a solicitor where the client has exercised a right to consultation under section 44 other than in the circumstances provided for in paragraph 3. | £32.45 | £43.16 |
| 6. | 6. | Fee for travelling time in relation to personal attendance— | Fee for travelling time in relation to personal attendance— | ||
| (a) | (a) | travel time engaged is 2 hours or less per half hour (or part thereof); and | travel time engaged is 2 hours or less per half hour (or part thereof); and | £12.55 | £16.70 |
| (b) | (b) | travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £12.55 | £16.70 |
Interim payment of fees and outlays during the emergency period
16A
- (1) This regulation applies where—
- (a) a claim is made for interim payment of fees or outlays in accordance with section 33(6)(a)(ii) and (b) of the Act, as modified by the Coronavirus (Scotland) Act 2020;
- (b) the claim is made in such form and complying with such terms and containing such information as the Board may require for assessment purposes; and
- (b) the claim is made during the emergency period.
- (2) For the purposes of this regulation “emergency period” means the period beginning on 5 August 2020 and ending on the date on which Part 9 of schedule 4 of the Coronavirus (Scotland) Act 2020 expires in accordance with section 12 of that Act.
- (3) In relation to a claim for interim payment made in accordance with this regulation, the Board may disapply the requirement created by section 12(3)(c) of the Act that, before recourse to the Fund, fees or outlays shall be paid to the solicitor out of any property which is recovered or preserved for the client, in relation to the whole or any part of any such property.
- (4) For the avoidance of doubt, except where otherwise provided section 12 of the Act continues to apply to all other fees or outlays.
- (5) Paragraph (6) applies where the Board has made an interim payment in accordance with this regulation to a solicitor who provided advice and assistance to a person, and at any time prior to or after such payment that person or any solicitor acting on that person’s behalf has, in respect of the same matter for which advice and assistance was provided–
- (a) received any expenses which (by virtue of a judgment or order of a court or an agreement or otherwise) are payable to that person; or
- (b) recovered or preserved any property (of whatever nature and wherever situated), including that person’s rights under any settlement arrived at in connection with the matter in order to avoid or bring to an end any proceedings.
- (6) Where this paragraph applies, the Board may recover any sum paid out of the Fund to the solicitor in respect of the advice and assistance so given, from either—
- (a) the solicitor to whom the interim payment from the Fund was made; or
- (b) the person to whom the advice and assistance was provided.
- (7) In any case to which paragraph (6) applies the sum recoverable by the Board shall be the amount of the interim payment made, less any amount which would have been properly payable by way of fees and outlays under section 12(3)(d) of the Act, taking into account the expenses or property referred to in paragraph (5).
Fees and outlays of solicitors
Assessment and taxation of fees and outlays
Client’s right to require taxation
Fees and outlays recoverable from a third party
Right of Board to recover sums paid out of the Fund
Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters
PART V — TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ASSISTANCE BY WAY OF REPRESENTATION FOR PROCEEDINGS UNDER SCHEDULE 8 OF THE TERRORISM ACT 2000
| Paragraph 29 of schedule 8 of the 2000 Act – Application for warrant of further detention | ||
|---|---|---|
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
| (d) | Paragraph 36 of Schedule 8 of the 2000 Act – Application for extension of warrant of further detention | £6.28 |
| (a) | Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. | £54.08 |
| (b) | Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. | £81.12 |
| (c) | Additional fee, excluding travel, for second or subsequent court hearing, per hearing. | £54.08 |
| (d) | Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. | £6.28 |
PART VI — TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 41 AND SCHEDULE 7 OF THE TERRORISM ACT 2000 AND PART 1 OF SCHEDULE 3 OF THE COUNTER-TERRORISM AND BORDER SECURITY ACT 2019
| 1. | (a) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act applies has exercised their right to consult a solicitor in person, the fee under paragraph 3. | ||||
|---|---|---|---|---|---|
| 1. | (b) Where a client to whom paragraph 16(6) of schedule 8 of the 2000 Act applies has not exercised their right to consult a solicitor in person, the fee under paragraph 4. | ||||
| 1. | (c) Where a client to whom paragraph 16A(5) of schedule 8 of the 2000 Act applies or paragraph 37(6) of schedule 3 of the 2019 Act has exercised a right to consult a solicitor, but the examining officer requires that a consultation is to take place other than in person, in accordance with paragraphs 16A(6) and (7) of schedule 8 of the 2000 Act or 38(6) and (7) of the 2019 Act, the fee under paragraph 4. | ||||
| 1. | (d) Where a client’s detention under section 41 of the 2000 Act is reviewed in accordance with paragraph 21 of schedule 8 of that Act and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 26 of that schedule, | ||||
| 1. | (i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b)(ii); | ||||
| 1. | (ii) where the solicitor is not in attendance already, the fee under paragraph 3. | ||||
| 1. | (e) Where a client’s detention under Part 1 of schedule 3 of the 2019 Act is reviewed in accordance with paragraph 52 of that schedule and on the instruction of that client a solicitor makes representations to the review officer in accordance with paragraph 54 of that schedule, | ||||
| 1. | (i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b)(ii); | ||||
| 1. | (ii) where the solicitor is not in attendance already, the fee under paragraph 3. | ||||
| 1. | (f) where a fee is claimed by virtue of this paragraph, a solicitor can only claim the higher rate, instead of the standard rate, if consultation takes place wholly or partly during an unsocial time. | ||||
| 2. | In this part— | ||||
| 2. | “unsocial time” has the meaning given in Part IV of these regulations | ||||
| 2. | Standard Rate | Higher Rate | |||
| 3. | Inclusive fee, excluding travel, for personal attendance by a solicitor where the client has exercised a right to consult a solicitor in person – | ||||
| (a) aggregate time engaged or waiting is 2 hours or less; or | £124.38 | £165.42 | |||
| (b) | |||||
| (i) aggregate time engaged or waiting is more than 2 hours, up toand including 4 hours;and | £216.30 | £287.68 | |||
| (ii) for each additional hour over 4 hours (or part thereof). | £54.08 | £71.93 | |||
| 4. | Inclusive fee for a consultation conducted by a solicitor, otherwise than in person— | £32.45 | £43.16 | ||
| 5. | Fee for travelling time in relation to personal attendance— | ||||
| (a) travel time engaged is 2 hours or less per half hour (or part thereof); and | £12.55 | £16.70 | |||
| (b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof). | £12.55 | £16.70 |
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