(1) A client who is receiving or has been in receipt of advice and assistance in relation to a civil matter shall supply to the Board such information or documents as the Board may require for the purposes of performing its functions under the Act.

(2) Where a client who is receiving or has been in receipt of advice and assistance fails to comply with a requirement under paragraph (1) above the Board shall have the right to recover from that client any amount paid out of the Fund in respect of the fees and outlays of any solicitor who has provided advice and assistance to that client.

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

Petition by debtor for sequestration

Civil Advice and Assistance

8A

(1) Where a solicitor approves an application for advice and assistance in relation to a civil matter under Part II of the Act, the solicitor shall determine whether or not the advice and assistance relates to a distinct matter.

(2) Subject to paragraphs (3) and (4), an application for advice and assistance relates to a distinct matter if the subject matter of the application is determined by the Board, in accordance with guidance issued by it, to be treated as distinct.

(3) Any determination by the Board as to the matters which are or are not to be treated as distinct matters may only be made following consultation with the Law Society.

(4) Where a matter has been determined by the Board to be treated as a distinct matter, the Board may not determine that the matter is no longer to be so treated unless the Scottish Ministers consent(a).

(5) Where the subject matter to which the advice and assistance relates is a distinct matter the solicitor may approve one application for advice and assistance which shall include–

(a) all distinct matters reasonably ancillary thereto; and

(b) all matters reasonably ancillary thereto which are not distinct.

8B

(1) Where the subject matter to which the advice and assistance relates is not distinct, the solicitor shall give advice and assistance to the client by way of a diagnostic interview.

(2) Where a client has more than one subject matter upon which he seeks advice and assistance, none of which is distinct, the solicitor may approve one application for advice and assistance for all such matters.

(3) Where a solicitor, having approved and proceeded to provide advice and assistance by way of a diagnostic interview, considers that a subject matter which is not distinct should be treated as if it were so, then he may make application to the Board for the subject matter to be so treated.

(4) On receipt of an application under paragraph (3), the Board shall–

(a) determine that the subject matter should be so treated; or

(b) reject the application,

as the Board thinks fit.

(5) Where a client has more than one subject matter upon which he seeks advice and assistance and the advice and assistance relates to both distinct matters and matters which are not distinct and which are not reasonably ancillary to the distinct matters then the solicitor shall keep a separate record of the advice and assistance given by way of a diagnostic interview.

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

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

Information to be recorded in criminal matters

8C

Where advice and assistance is given in relation to a criminal matter, the solicitor must record–

(a) whether the matter is one as regards which–

(i) a complaint has been served;

(ii) a fixed penalty, compensation or work offer has been made under section 302, 302A or 303ZA of the Criminal Procedure (Scotland) Act 1995;

(iii) liability for another non-court penalty has arisen;

(b) if not such a matter, a note of the details of the event to which the advice and assistance relates;

(d) any relevant case or other reference number.

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.

14A

(1) Where the solicitor who is providing assistance by way of representation in relation to a summary criminal matter has been required by the client to cease to act (other than where paragraph (2) below applies), the solicitor is to–

(a) notify the Board of that fact; and

(b) provide it with a statement of the circumstances so far as known to the solicitor.

(2) Where a client who is being provided assistance by way of representation in relation to a summary criminal matter wishes to have it provided by a different solicitor, the client is to–

(a) apply to the Board for authority to have that solicitor provide the assistance; and

(b) inform it of any reason for the application.

(3) The Board may grant an application under paragraph (2) above if it is satisfied that there is a good reason for the application.

(4) This regulation does not apply to proceedings under sections 19, 30 or 36(1)(a) of the Criminal Justice (Scotland) Act 2016 , or paragraphs 29 or 36 of schedule 8 of the Terrorism Act 2000.

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

2A

(1) Any question arising under this Schedule ... is to be decided by the solicitor in accordance with paragraphs (2) and (3) below.

(2) The solicitor must, for the purpose of ascertaining the capital and income of the person concerned–

(a) so far as necessary and practicable, obtain from that person financial or other documentation; and

(b) take such other reasonable steps as are necessary.

(3) The solicitor must have regard to any guidance issued by the Board regarding the application of this Schedule.

Right of Board to withhold payment or recover sums paid out of the Fund in relation to non-criminal matters

22

(1) Paragraph (3) applies where the Board finds that the provision of advice and assistance (other than advice and assistance in relation to criminal matters)—

(a) was not (wholly or partly) in accordance with the relevant rules applying by virtue of the Legal Aid (Scotland) Act 1986; or

(b) was otherwise unjustified in the circumstances of the case (including by reason of inadequate assessment or verification of any relevant factor).

(2) In considering whether or not the provision of advice and assistance was in accordance with the relevant rules, the Board may have regard to any guidance it has issued in relation to the application of those rules.

(3) The Board may—

(a) withhold (wholly) payment from the Fund in respect of the advice and assistance provided; or

(b) if such payment has been made, fully recover it.

4A

(1) Subject to sub-paragraph (3), if the person concerned is a child the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985 are to be treated as part of the child’s own resources.

(2) In sub-paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3) Sub-paragraph (1) applies only—

(i) in respect of advice and assistance in relation to non-criminal matters; and

(ii) if its application in the particular circumstances would not be unjust or inequitable.

(4) This paragraph does not apply to assistance by way of representation in relation to hearings or proceedings under the 2011 Act.

Manner of applications etc.

2A

(1) Any application to the Board under regulations 8B(3), 12(1), 13, 14A(2) and 16(3) shall be made in such form as the Board may require, which may include an online form.

(2) Any statement, information, document, notification, notice or other correspondence, including any copies which require to be sent, given, supplied, or otherwise provided to the Board under regulations 11, 14, 14A(1), 15 and 15A(1) shall be in such form as the Board may require, which may include an online form.

Revocations and savings

Applications for advice and assistance

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

Calculation of fees for time at court and travelling

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;

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.