Explanatory note

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 and the Civil Legal Aid (Scotland) Regulations 2002.

Regulation 2 amends the Civil Legal Aid (Scotland) (Fees) Regulations 1989 to make provision consequential upon the transfer of appeal jurisdiction from the sheriff principal to the Sheriff Appeal Court by virtue of section 109 of the Courts Reform (Scotland) Act 2014. It provides for the calculation of a solicitor’s fees in relation to proceedings in the Sheriff Appeal Court and for the auditing of accounts of fees and outlays in relation to such proceedings. It replaces the existing definition of “solicitor-advocate” to allow solicitor-advocates to be paid on the same basis as counsel where the Scottish Legal Aid Board (“SLAB”) has authorised the employment of counsel in the Sheriff Appeal Court. It also provides, in relation to proceedings other than in the Sheriff Appeal Court, the Court of Session or the Supreme Court, that in any case where a solicitor (“the nominated solicitor”) instructs another solicitor to carry out work (as, for example, where the solicitor instructs an Edinburgh solicitor in relation to an appeal, or a local solicitor to take precognitions or make inquiries), the only account to be submitted to SLAB shall be that of the nominated solicitor, who shall include the other solicitor’s fees as an outlay in the nominated solicitor’s account. (Similar provision is made in relation to criminal legal aid by regulation 4(3) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (S.I. 1989/1491)).

Regulation 3 amends the Civil Legal Aid (Scotland) Regulations 2002 to take account of the transfer of appeal jurisdiction from the sheriff principal to the Sheriff Appeal Court; to provide for certain proceedings remitted between courts not to be treated as distinct proceedings for the purposes of legal aid; and to require the prior approval of SLAB for the employment of counsel (including solicitor-advocates) in the Sheriff Appeal Court.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.