Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 19889 to allow increased fees where in civil cases following the coming into force of the Vulnerable Witnesses (Scotland) Act 2004 an assisted person or a witness is a vulnerable witness (articles 4 and 6).

They also make amendments–

(a)

to increase the number of units to reflect the negotiation fee paid where a legal aid certificate is granted but where settlement is reached without an action being raised;

(b)

to extend the scope of payment to include any written motions (currently only interim motions attract payment although scope is wider for defended actions);

(c)

to make provision to ensure solicitors are paid for all necessary court time; and

(d)

to make provision to allow for a fee to be paid for considering reports ordered by the court (article 5).