Explanatory note

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989, the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, the Criminal Legal Aid (Scotland) Regulations 1996, the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 and the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003.

The amendments—

• provide for the availability of criminal legal aid and assistance by way of representation in criminal appeals to the Sheriff Appeal Court (established by section 46 of the Courts Reform (Scotland) Act 2014 (“the 2014 Act”)) and in relation to appeals and references from that Court to the High Court of Justiciary;

• prescribe the fees payable to solicitors and counsel in relation to bail appeals to the Sheriff Appeal Court;

• revise the table of fees applying to junior counsel in judicial review proceedings to take account of the new procedure introduced by section 89 of the 2014 Act; and

• make provision in relation to the fees payable in relation to proceedings in an all-Scotland sheriff court established under section 41 of the 2014 Act and in relation to civil hearings for which no fee is otherwise prescribed.

A Business and Regulatory Impact Assessment has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.