Explanatory note

These Regulations further amend the Civil Legal Aid (Scotland) (Fees) Regulations 1987 for a number of purposes, but principally so as to increase the fees allowable to solicitors for civil legal aid (and for legal aid in certain proceedings relating to children). The overall increase is around 4½% and applies to work done on or after 1st August 1988.

Regulation 2 amends the provision covering out of area working by a solicitor to bring it in line with the discretion currently available to the Auditor of the Court of Session to allow only such expenses as would have been incurred if the work was done by a local solicitor, unless it is in the client’s interests that the non local solicitor attend personally.

Regulation 3 and Schedule 1 substitute a new Table of Fees for the Table of Fees in Schedule 1 to the principal Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the Court of Session, and Chapter 1 of the Table also regulates solicitors' fees for legal aid in the House of Lords, Restrictive Practices Court and Employment Appeal Tribunal, and in certain circumstances the Lands Tribunal for Scotland.)

Regulation 4 and Schedule 2 substitute a new Table of Fees for the Table of Fees in Schedule 2 to the principal Regulations. (This Table of Fees regulates solicitors' fees for legal aid in the sheriff court. Chapter III of the Table of Fees also regulates solicitors' fees for legal aid in the Scottish Land Court and in certain circumstances the Lands Tribunal for Scotland.)