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 2019F1

Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 Pt. 7 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(a)(i)
Sch. 3 Pt. 7 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(a)(ii)
Sch. 3 Pt. 7 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(a)(iii)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(i)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(ii)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(iii)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(iv)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(ix)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(v)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(vi)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(vii)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(viii)
Sch. 3 Pt. 8 sum substituted by Criminal Legal Assistance 2026 reg. 3(2)(b)(x)

In this Table of Fees “the 2000 Act” means the Terrorism Act 2000 and “the 2019 Act” means 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.
	(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.
	(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.
	(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,
		(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b)(ii);
		(ii) where the solicitor is not in attendance already, the fee under paragraph 3.
	(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,
		(i) where the solicitor is in attendance already, an additional fee at the rate specified under paragraph 3(b)(ii);
		(ii) where the solicitor is not in attendance already, the fee under paragraph 3.
	(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—
	“unsocial time” has the meaning given in Part IV of F2this schedule
				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		F3£162.65	F4£216.31
		(b)
			(i) aggregate time engaged or waiting is more than 2 hours, up to and including 4 hours; and	F5£282.83	F6£376.17
			(ii) for each additional hour over 4 hours (or part thereof).	F7£70.73	F8£94.07
4.	Inclusive fee for a consultation conducted by a solicitor, otherwise than in person—			F9£42.45	F10£56.45
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		F11£16.42	F12£21.85
		(b) travel time engaged is more than 2 hours, where authorised by the Board, in advance per half hour (or part thereof).		£16.42	£21.85

Annotations

Textual amendments

F1: Sch. 3 Pts. 5, 6 inserted (17.2.2021) by The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 (S.S.I. 2021/55), regs. 1, 3(5)
F2: Words in Sch. 3 Pt. 6 Sch. para. 2 Table para. 2 substituted (15.11.2023) by The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 (S.S.I. 2023/313), regs. 1, 5(5)(b)
F3: Sum in Sch. 3 Pt. 6 para. 3(a) substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(i) (with reg. 2)
F4: Sum in Sch. 3 Pt. 6 para. 3(a) substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(ii) (with reg. 2)
F5: Sum in Sch. 3 Pt. 6 para. 3(b)(i) substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(iii) (with reg. 2)
F6: Sum in Sch. 3 Pt. 6 para. 3(b)(i) substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(iv) (with reg. 2)
F7: Sum in Sch. 3 Pt. 6 para. 3(b)(ii) substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(v) (with reg. 2)
F8: Sum in Sch. 3 Pt. 6 para. 3(b)(ii) substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(vi) (with reg. 2)
F9: Sum in Sch. 3 Pt. 6 para. 4 substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(vii) (with reg. 2)
F10: Sum in Sch. 3 Pt. 6 para. 4 substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(viii) (with reg. 2)
F11: Sum in Sch. 3 Pt. 6 para. 5 substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(ix) (with reg. 2)
F12: Sum in Sch. 3 Pt. 6 para. 5 substituted (1.9.2026) by The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 (S.S.I. 2026/144), regs. 1(3), 7(3)(f)(x) (with reg. 2)

Notes on Schedule 3

Textual amendments

F1: Sch. 3 substituted (30.4.2005) by The Advice and Assistance (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I. 2005/171), reg. 1, sch. (with reg. 2)