{
  "url": "https://openlegislation.uk/criminal-legal-aid-scotland-fees-amendment-regulations-2010/regulation-4",
  "json_url": "https://openlegislation.uk/criminal-legal-aid-scotland-fees-amendment-regulations-2010/regulation-4.json",
  "legislation": "ssi/2010/63",
  "legislation_title": "The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2010",
  "legislation_url": "https://openlegislation.uk/criminal-legal-aid-scotland-fees-amendment-regulations-2010",
  "path": "regulation/4",
  "kind": "regulation",
  "number": "4",
  "heading": "Amendment of the 1989 Regulations",
  "text": "(1) Schedule 2 to the 1989 Regulations is amended as follows.\n(2) In the notes on the operation of Schedule 2—\n(a) in paragraph 1 for “fees shall be calculated” substitute “fees including those within a range of fees, shall be determined or calculated”;\n(b) in paragraph 3—\n(i) in subparagraph (b) for “counsel shall only be allowed the fees” substitute “counsel’s fees shall be allowable as”;\n(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”;\n(iii) in subparagraph (f), at the beginning insert “except on cause shown,”;\n(c) for paragraphs 4 to 11 substitute the text in Schedule 1 to these Regulations;\n(d) in paragraph 17—\n(i) in subparagraph (i) after “paragraph 3” insert “(a) or (b)”;\n(ii) after subparagraph (i) insert—\n“; and\n(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.”;\n(e) in paragraph 17A for “(u)” substitute “(t)”;\n(f) in paragraph 20 after “Chapters 1 and 2 of Part 1” insert “, paragraph 9 of Chapters 1 and 2 of Part II”;\n(g) in paragraph 21 after “Chapters 1 and 2 of Part 1” insert “, paragraph 10 of Chapters 1 and 2 of Part II”.\n(3) In Part 1 of the Table of Fees (fees of counsel for proceedings in the High Court of Justiciary)—\n(a) in Chapter 1 (junior counsel)—\n(i) after paragraph 1B (a), insert—\n“\n(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidence\nPayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.\n”;\n(ii) in paragraph 4(j)(iii), for “£455 £395 £275” substitute “£495 £430 £305” respectively;\n(b) in Chapter 2 (senior counsel)—\n(i) after paragraph 1B (a), insert—\n“\n(aa) preliminary hearing, adjourned or continued in which witnesses called to give evidence\nPayable at the full rate for a trial (paragraph 3 below) depending on category of case and status of counsel.\n”;\n(ii) in paragraph 4(j)(iii) for “£515” substitute “£560”.\n(4) In Part II of the Table of Fees (fees of counsel in appeal proceedings)—\n(a) for Chapters 1 and 2 substitute the text in Schedule 2 to these Regulations; and\n(b) delete Chapter 3.\n(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”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2010/63/regulation/4",
    "retrieved_at": "2026-10-28T21:57:19.621426+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}