{
  "url": "https://openlegislation.uk/civil-legal-aid-scotland-fees-amendment-regulations-2011/regulation-4",
  "json_url": "https://openlegislation.uk/civil-legal-aid-scotland-fees-amendment-regulations-2011/regulation-4.json",
  "legislation": "ssi/2011/160",
  "legislation_title": "The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2011",
  "legislation_url": "https://openlegislation.uk/civil-legal-aid-scotland-fees-amendment-regulations-2011",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989",
  "text": "In regulation 3 (Fees and outlays regulated by these Regulations)—\n(a) in paragraph (2) for “paragraphs (3)(b), (4) and (5)” substitute “paragraph 3(b) and paragraphs (4) to (6)”;\n(b) for paragraph (3)(b) substitute—\n“(b) the Board may, at the request of the solicitor or any counsel acting for the person in receipt of legal aid at the conclusion of the proceedings, and subject to paragraphs (4) to (6), instead of making payment to that solicitor (or counsel as the case may be) in accordance with paragraph (2), pay to the solicitor (or counsel as the case may be) the amount of any fees and outlays so recovered.”;\n(c) for paragraph (4) substitute—\n“(4) Where the Board agrees to a request from the solicitor for payment in accordance with paragraph (3)(b), the Board shall also make payment in accordance with paragraph (3)(b) to any counsel entitled to request such payment.\n(4A) Where counsel requests payment in accordance with paragraph (3)(b) in a case where the solicitor last acting requests payment in accordance with paragraph (2)—\n(a) the solicitor’s fees and outlays shall be paid in accordance with paragraph (2);\n(b) the Board shall determine as accurately as is reasonable what part of the fees and outlays recovered represents fees payable to any counsel;\n(c) the solicitor and counsel shall supply the Board with such information as the Board may require for the purpose of determining the sum referred to in paragraph (b);\n(d) subject to paragraph (5), the Board may make payment to counsel of the sum determined in accordance with sub-paragraph (b) if satisfied that it is reasonable to do so having regard to all the circumstances including—\n(i) the respective roles of counsel and any counsel previously acting for the person in receipt of legal aid;\n(ii) any sums paid or due to be paid to any counsel previously acting for the person in receipt of legal aid;\n(iii) the sum that would be paid to counsel in accordance with paragraph (2); and\n(iv) any resultant cost to the fund or to the person in receipt of legal aid.”;\n(d) in paragraph (5) for “paragraph (4)” substitute, “that paragraph”; and\n(e) after paragraph (5) insert—\n“(6) Where a payment is made to counsel in accordance with paragraph (3)(b) no counsel who previously acted for the person in receipt of legal aid in those proceedings may refer to the auditor any question or dispute as to the amount of fees allowable in the proceedings.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2011/160/regulation/4",
    "retrieved_at": "2026-10-28T21:50:09.876557+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}