Explanatory note

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1987 (“the principal Regulations”) in 4 respects.

They introduce a requirement on a solicitor to submit accounts to the Scottish Legal Aid Board within 3 months from the date of conclusion of the proceedings in respect of which legal aid was granted. An exception is made which allows the Board to waive this time bar where it considers that a special reason exists for the late submission of accounts (regulation 2).

These Regulations prescribe a simplified table of fees for calculating the remuneration of solicitors in the High Court, the sheriff court and the district court. The simplification consists of making provision for 4 basic fees. The overall increase in fees is 4% (regulation 4 and Schedule 2). The fees in regulations 5 and 7 to 10 of the principal Regulations, which previously attracted an additional 12% for posts and incidents, are increased by approximately 16% (regulation 3 and Schedule 1) and the payment for posts and incidents is specifically excluded (regulation 5).

The amendments are to take effect for proceedings concluded after these Regulations come into force (regulation 6).