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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations amend several regulations made under the Legal Aid (Scotland) Act 1986 (“the 1986 Act”).

Regulation 3 amends the Advice and Assistance (Scotland) Regulations 1996 (“the 1996 Regulations”) to increase fees and outlays for assistance by way of representation, and advice and assistance, provided under the National Security Act 2023 by 13%. This aligns the fees under Parts 7 and 8 of schedule 3 of the 1996 Regulations with the fee increase introduced by the Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026 which came into force on 1 September 2026.

Regulation 2 provides that the fee increase provided for in regulation 3 will apply retrospectively from 1 September 2026.

Regulation 4 amends the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the 1999 Regulations”) in relation to the fixed payments provided for solicitors who have carried out criminal legal aid work in summary proceedings. It provides that where fees are payable in respect of more than one of paragraphs 1(a), (b) or (3) of Part 2 of schedule 3 of the 1999 Regulations, only the highest fee payable in respect of the work carried out is to be paid. It also disapplies the rule that fixed payments are only payable from one schedule in the 1999 Regulations where there has been a change of solicitors working on a case, and certain types of work has been carried out by each solicitor. Regulation 4 also makes a number of minor and technical amendments.

Regulation 5 amends the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 to ensure that where there is a change of solicitor and work carried out is payable as different types of criminal legal assistance, under regulation 4(7AB) or (7AB) of the 1999 Regulations, the fees are paid to each solicitor.

Regulations 4 and 5 come into force on 14 December 2026 to align with relevant amendments being introduced by the Criminal Legal Aid and Assistance by Way of Representation (Miscellaneous Amendment) (Scotland) Regulations 2026.