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

The Criminal Legal Aid (Scotland) (Fees) Regulations 1989^f1 are amended as follows.

After regulation 4(1) insert—

“(1A)

Where—

(a)

a client to whom section 32 of the Criminal Justice (Scotland) Act 2016 applies has exercised a right to have a solicitor present while being interviewed in terms of section 32(2) of that Act or a right to consultation under section 44 of that Act, or

(b)

there has been an application for authorisation for questioning by a prosecutor under section 36(1)(a) of that Act,

solicitors are to be paid in accordance with the fees prescribed in Parts III and IV of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996.”.

In regulation 11(1) (disputes as to allowable fees or outlays)—