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The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2002

S.S.I. 2002/246 · Made 21 May 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE

Made 21st May 2002

Laid before the Scottish Parliament 23rd May 2002

Coming into force 17th June 2002

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a) and (3)(b) of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Application
  3. 3Amendment of the principal Regulations
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2002 and shall come into force on 17th June 2002.

2Application

These Regulations shall apply only to outlays incurred on or after 17th June 2002.

3Amendment of the principal Regulations

In regulation 8(1)(b) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989f1 (outlays allowable to solicitors), after “exceed” there is inserted “such sums as are considered by the Board to be reasonable having regard to”.

Signature

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st May 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 so that the outlays which may be paid to a solicitor by the Scottish Legal Aid Board (“the Board”) in respect of fees paid to witnesses (who are not Crown witnesses) shall not be restricted to the amount payable by the Crown for witnesses of the same category. Instead, the Board shall pay such fees as it considers to be reasonable, having regard to the amount payable to Crown witnesses (regulation 3).