Regulation 8 Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

In regulation 11, for paragraphs (2), (3) and (4)^f1 substitute—

“(2)

A claim by counsel under this regulation may be made only in relation to any case where—

(a)

a period of no less than 6 months has elapsed since the date on which the Board gave notice in writing of the grant of civil legal aid;

(b)

an interval of no less than 6 months has elapsed since the immediately preceding claim was made; or

(c)

counsel reasonably anticipates not receiving further instructions in the proceedings.

(3)

The amount of any payment in respect of a claim by counsel under this regulation in relation to proceedings referred to in regulation 10(2) and (2A) shall be limited to 75% of the fees that will become eligible for payment and earned during the period covered by the claim.

(4)

When assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any payment, or payments, made to account under advice and assistance in relation to the same matter and, where the work in respect of which such payment, or payments, is made might reasonably have been carried out under legal aid, it may reduce the amount of the fee payable accordingly.”.

In so far as relating to payments to counsel, paragraph (1) applies only in relation to fees for work carried out after the coming into force of these Regulations.