# The Criminal Legal Aid (Scotland) (Fees) Amendment Regulations 2013, Regulation 4: Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989


In Schedule 1 (fees of solicitors), in the Notes on the operation of Schedule 1—
(a) for paragraph 1(1) substitute—
“(1) In relation to solemn criminal proceedings, other than proceedings to which regulation 7A(1) (solemn proceedings (exceptional) fees) applies, the fees payable to a solicitor are to be calculated as follows:—
(a) for all work falling within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees), the fee specified for that block of work in that Part;
(b) for all other work, unless no fee is chargeable by virtue of paragraph 3, the fees specified in Part 1 of the Table of Fees (detailed fees).”;
(b) after paragraph 1(3) insert—
“(3A) Where the Table of Fees does not prescribe a fee for any item of work, and unless no fee is chargeable by virtue of paragraph 3, the Board or the auditor, as the case may be, is to allow such fees as appear appropriate to provide reasonable remuneration for the work with regard to all the circumstances, including the general levels of fees in the Table of Fees.”;
(c) in paragraph 1(5)—
(i) omit “Without prejudice to the generality of sub-paragraph (1),”; and
(ii) after “Table of Fees” where it first occurs insert “and the fees for these items are payable in accordance with Part 1 of the Table of Fees (detailed fees)”;
(d) in paragraph 3, for sub-paragraph (j) substitute—
“(j) preparing for a hearing, other than where the fee for preparation is as provided for within a block of work prescribed in Part 2 of the Table of Fees (inclusive fees);”;
(e) in paragraph 3(m), omit “or diet of deferred sentence”; and
(f) after paragraph 3 insert—
“3A. (1) In solemn proceedings, where fees would otherwise be chargeable under both paragraph 4A(c) and paragraph 6(a) or (ab) of Part 2 of the Table of Fees (inclusive fees), only one fee is chargeable, being the higher amount of the two.
(2) Under paragraph 4A a fee is chargeable for preparing lines of enquiry and preparing submissions, but is not chargeable for consultations which concern preparation.
Research
3B. The fee prescribed in paragraph 6 of Part 1 of the Table of Fees (detailed fees) may be payable for time spent in researching a novel, developing or unusual point of law where the following conditions are met:—
(a) the Board considers that the circumstances of the case are exceptional, whether or not the Board has made a determination under regulation 7A (solemn proceedings (exceptional) fees); and
(b) the research required in the case, in the opinion of the Board, goes beyond the understanding of the substantive and procedural law expected of solicitors in accordance with regulation 10A.”.

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Source: https://www.legislation.gov.uk/ssi/2013/320/regulation/4 (the official version)
Page: https://openlegislation.uk/criminal-legal-aid-scotland-fees-amendment-regulations-2013/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.