# The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017, Regulation 3: Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989


(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989 are amended as follows.
(2) After regulation 4(1) insert—
“(1A) Where—
(a) a client to whom section 32 of the Criminal Justice (Scotland) Act 2046 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.”.
(3) In regulation 11(1) (disputes as to allowable fees or outlays)—
(a) in paragraph (a), omit “or the Sheriff Appeal Court,”;
(b) in paragraph (b), omit “or”; and
(c) after paragraph (b) insert—
“(ba) the Sheriff Appeal Court, the matter shall be referred for taxation to the auditor of the Sheriff Appeal Court; or”.

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Source: https://www.legislation.gov.uk/sdsi/2017/9780111037256/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-criminal-legal-assistance-miscellaneous-amendments-scotland-regulations-2017/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.