Explanatory note

These Regulations amend the provisions of the Advice and Assistance (Scotland) Regulations 1987 in two respects.

Firstly, they secure that a solicitor’s right under section 12(3)(c) of the Legal Aid (Scotland) Act 1986 to prior payment of fees or outlays out of any property recovered or preserved for his client shall not apply to the following property so recovered or preserved–

payments made under the Social Security Act 1975, and the Child Benefit Act 1975;

payments under the Industrial Injuries and Diseases (Old Cases) Act 1975;

a rate or rent rebate or rent allowance under the Social Security and Housing Benefits Act 1982;

certain payments under the Employment Protection (Consolidation) Act 1978;

any dwelling or household furniture or tools of a trade which the client gets back or retains through advice or help given by the solicitor.

Secondly they increase by 4% the fee allowable to solicitors in respect of representation where, following a plea of guilty, one or more adjournments are ordered by the court; and by 5% the fees allowable for advice and assistance other than by way of representation.