Regulation 4 Amendment of the 1989 Regulations

(1)

Schedule 2 to the 1989 Regulations is amended as follows.

(2)

In the notes on the operation of Schedule 2—

(a)

in paragraph 1 for “fees shall be calculated” substitute “fees including those within a range of fees, shall be determined or calculated”;

(b)

in paragraph 3—

(i)

in subparagraph (b) for “counsel shall only be allowed the fees” substitute “counsel’s fees shall be allowable as”;

(ii)

in subparagraph (e) after the words “junior counsel” where they first appear insert “or for more than one junior counsel” and at the end insert “or more than one junior counsel”;

(iii)

in subparagraph (f), at the beginning insert “except on cause shown,”;

(c)

for paragraphs 4 to 11 substitute the text in Schedule 1 to these Regulations;

(d)

in paragraph 17—

(i)

in subparagraph (i) after “paragraph 3” insert “(a) or (b)”;

(ii)

after subparagraph (i) insert—

“; and

(j)
in the same circumstances as those described at paragraph (i) above, but where the category of charge falls under paragraph 3(c) of Chapter 1 or 2 of Part I, the fee payable shall be that prescribed in paragraph 4(a) of Chapter 1 or 2 of Part I.”;

(e)

in paragraph 17A for “(u)” substitute “(t)”;

(f)

in paragraph 20 after “Chapters 1 and 2 of Part 1” insert “, paragraph 9 of Chapters 1 and 2 of Part II”;

(g)

in paragraph 21 after “Chapters 1 and 2 of Part 1” insert “, paragraph 10 of Chapters 1 and 2 of Part II”.

(3)

In Part 1 of the Table of Fees (fees of counsel for proceedings in the High Court of Justiciary)—

(a)

in Chapter 1 (junior counsel)—

(i)

after paragraph 1B (a), insert—

“

(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidence Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.

”;

(ii)

in paragraph 4(j)(iii), for “£455 £395 £275” substitute “£495 £430 £305” respectively;

(b)

in Chapter 2 (senior counsel)—

(i)

after paragraph 1B (a), insert—

“

(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidence Payable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.

”;

(ii)

in paragraph 4(j)(iii) for “£515” substitute “£560”.

(4)

In Part II of the Table of Fees (fees of counsel in appeal proceedings)—

(a)

for Chapters 1 and 2 substitute the text in Schedule 2 to these Regulations; and

(b)

delete Chapter 3.

(5)

In Part III of the Table of Fees (fees of counsel for proceedings in the sheriff and district court), in Chapter 1 (junior counsel), paragraph 3(j)(ii), for the fee “£300” substitute “£305”.