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Part VIII TABLE OF FEES ALLOWABLE TO SOLICITORS FOR ADVICE AND ASSISTANCE IN RELATION TO SECTION 27 AND SCHEDULE 6 OF THE NATIONAL SECURITY ACT 2023F1

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

In this Table of Fees “the 2023 Act” means the National Security Act 2023.

1.(a) Where a client to whom paragraph 15(6) of schedule 6 of the 2023 Act applies has exercised their right to consult a solicitor—
(i) if the solicitor attends the consultation in person, the fee under paragraph 3
(ii) if the solicitor attends the consultation other than in person, the fee under paragraph 4
(b) Where a client’s detention under section 27 of the 2023 Act is reviewed in accordance with paragraph 29 of schedule 6 of that Act and on the instruction of that client the solicitor makes representations to the review officer in accordance with paragraph 34 of that schedule of that Act—
(i) if the solicitor makes the representations in person—(aa) where the solicitor was already in attendance in person at the time at which they were instructed to make the representations, an additional fee at the rate specified in paragraph 3(b)(ii);
(bb) where the solicitor was not already in attendance in person at the time at which they were instructed to make the representations, the fee under paragraph 3.
(ii) where the solicitor makes the representations other than in person, the fee under paragraph 4
(c) 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 this schedule
3.Inclusive fee, excluding travel, for personal attendance by a solicitor where the client consults the solicitor in person—Standard RateHigher Rate
(a) where aggregate time engaged or waiting is 2 hours or less; or£143.93£ 191.42
(b) where aggregate time engaged or waiting is more than 2 hours—
(i) time engaged or waiting up to and including 4 hours; and£250.29£332.89
(ii) for each additional hour time engaged or waiting over 4 hours (or part thereof)£62.59£83.24
4.Inclusive fee for a consultation conducted by a solicitor, otherwise than in person£37.56£49.95
5.Fee for travelling time in relation to personal attendance by a solicitor—
(a) for travel time engaged of 2 hours or less, per half hour (or part thereof); and£14.53£19.33
(b) for travel time engaged of more than 2 hours, where authorised by the Board in advance, per half hour (or part thereof).£14.53£19.33

Annotations

Textual amendments

F1

Sch. 3 Pts. 7, 8 inserted (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)(c)

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)