Explanatory note

These Regulations amend the provisions of the Advice and Assistance (Scotland) Regulations 1987 (“the principal Regulations”) in the following respects.

Certain references in the principal Regulations to current Social Security legislation are amended (regulations 3 and 9(1)).

In regulation 4 the requirement upon a solicitor to notify the Board of his having begun to give advice and assistance is amended by making failure to do so within the specified time limit grounds for ineligibility for payment.

Regulation 5 makes provision for a second or subsequent solicitor to give advice or assistance to a client subject to certain preconditions.

Regulation 6 adds certain periodical payments made by virtue of any settlement relative to certain specified proceedings to the list of monies to which the right to prior payment of fees or outlays does not apply.

The fees for advice and assistance have been increased by around 6.5% to achieve parity with those paid under the Criminal Legal Aid (Scotland) (Fees) Regulations 1987 (S.I. 1987/365, as subsequently amended). As these rates incorporate an allowance for posts and incidents, regulation 7 specifically excludes posts and incidents.

These Regulations also amend the requirement on a solicitor to submit accounts to the Scottish Legal Aid Board within 6 months of the date when the giving of advice and assistance was completed by increasing the time allowed to 1 year. An exception is now incorporated which allows the Board to waive the 1 year time bar where it considers that a special reason exists for the late submission of accounts. A provision is made whereby an account for advice and assistance shall be lodged with a civil legal aid account when both are connected with the same proceedings (regulation 8).

Regulation 9(2) and the Schedule substitute a new Schedule 3 to the principal Regulations. Part I of Schedule 3 to the principal Regulations now incorporates within the assistance by way of representation block fee certain other criteria by which an accused may qualify and increases the fee by 20%. Expenditure in excess of £60 will continue to be paid in terms of regulation 11(1) of the principal Regulations. The need to import the Criminal Legal Aid (Scotland) (Fees) Regulations 1987 has been removed by setting out the detailed fees payable within the said Part I.