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The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2006

S.S.I. 2006/515 · Made 24 October 2006

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 24th October 2006

Laid before the Scottish Parliament 25th October 2006

Coming into force 16th November 2006

The Scottish Ministers, in exercise of the powers conferred by section 33(2)(a), (3)(a), (b) and (f) 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. Section 33 was amended for purposes not relevant to these Regulations. 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 Criminal Legal Aid (Scotland) (Fees) Regulations 1989
  4. 4Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
  5. 5Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
  6. 6Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2006 and shall come into force on 16th November 2006.

2Application

These Regulations shall apply only to fees for work done on or after 1st December 2005.

3Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

The Criminal Legal Aid (Scotland) (Fees) Regulations 1989f1 are amended in accordance with the following Regulations.

4Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

In regulation 5–

(a)

at paragraph (1) for “£83.75” and “£10.55” substitute “£93.80” and “£11.82” respectively; and

(b)

at paragraph (2) for “sections 20, 20A and 20B of the Criminal Procedure (Scotland) Act 1975” substitute “sections 35 to 39 of the Criminal Procedure (Scotland) Act 1995f1”.

5Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

In regulation 6–

(a)

at paragraph (1)–

(i)

at sub-paragraph (a) for “£44.40”, “£6.00” and “£96.25” substitute “£47.95”, “£6.48” and “£103.95” respectively; and

(ii)

at sub-paragraph (b) for “£44.40”, “£6.00” and “£64.55” substitute “£47.95”, “£6.48” and “£69.71” respectively; and

(b)

at paragraphs (2) and (3) for “£108.85” substitute “£121.91”.

6Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

Schedule 1f1 is amended as follows–

(a)

at paragraph 1(a), for “£31.50” substitute “£34.02”;

(b)

at paragraph 1(b), for “£15.75” substitute “£17.01”;

(c)

at paragraph 2, for “£11.05” substitute “£12.38”;

(d)

at paragraph 3(a), for “£10.55”, where it second occurs, substitute “£11.82”;

(e)

at paragraph 3(b), for “£5.25”, where it second occurs, substitute “£5.88”;

(f)

at paragraph 4, for “£6.00”, where it second occurs, substitute “£6.72”;

(g)

at paragraph 5, for “£2.40”, where it second occurs, substitute “£2.69”; and

(h)

at paragraph 6, for “£0.08”, where it second occurs, substitute “£0.09”.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th October 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the principal Regulations”) to provide that the fees payable to solicitors in solemn proceedings be increased by 8% for advocacy work and by 12% for all other categories of work (regulations 4, 5 and 6). The fees payable to duty solicitors are increased for all proceedings. The increase is backdated to apply to fees for work done on or after 1st December 2005 (regulation 2). A statutory reference in regulation 5 of the principal Regulations is updated (regulation 4).