Regulation 6 Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

(1)

The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999^f1 are amended as follows.

(2)

In regulation 2(1) (interpretation), in the definition of “excluded proceedings”, after (m) insert—

“(n)
where 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;

(o)
where there has been an application for authorisation for questioning by a prosecutor under section 36(1)(a) of the Criminal Justice (Scotland) Act 2016;”.

(3)

In regulation 4(3)(b)—

(a)

omit “22, 22ZA(1)(a),”; and

(b)

after “the 1995 Act” insert “or paragraph 1(1)(b) of schedule 1 of the Criminal Justice (Scotland) Act 2016”.

(4)

In schedule 1, in paragraph 2 of Part 1 of the table of fees—

(a)

omit “22ZA(1)(b), 22ZB or”; and

(b)

after “the 1995 Act” insert “or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016”.

(5)

In schedule 1A, in paragraph 2 of the table of fees—

(a)

omit “22ZA(1)(b), 22ZB or”; and

(b)

after “the 1995 Act” insert “or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016”.

(6)

In schedule 1B, in paragraph 3 of Part 1 of the table of fees—

(a)

omit “22ZA(1)(b), 22ZB or”; and

(b)

after “the 1995 Act” insert “or paragraph 1(1)(a) or (c) of schedule 1 of the Criminal Justice (Scotland) Act 2016”.

Annotations

Footnotes

f1: S.I. 1999/491; relevantly amended by S.S.I. 2004/263 and S.S.I. 2014/366.