Regulation 4 Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

for sub-paragraph (1) substitute—

“(1)

The cost of necessary accommodation and subsistence is chargeable only—

(a)

in circumstances where a fee for time engaged in necessary travel is chargeable under paragraph 14,

(b)

on cause shown, and

(c)

subject to sub-paragraph (3), as an outlay up to the amount specified in (as the case may be)—

(i)

paragraph 14 of Chapter 6 of Part 1 (junior counsel) or paragraph 8 of Part 2 (senior counsel) of Table of Fees A (proceedings in the Court of Session), or

(ii)

paragraph 11 of Part 1 (junior counsel) or paragraph 8 of Part 2 (senior counsel) of Table of Fees B (proceedings in certain lower courts).”,

after sub-paragraph (2), insert—

“(3)

Where counsel incurs accommodation and subsistence costs at an amount higher than the applicable amount specified in the relevant paragraph of sub-paragraph (1)(c), that higher amount is chargeable in place of the applicable amount only if—

(a)

counsel has demonstrated to the satisfaction of the Board that in the circumstances of the travel undertaken suitable accommodation and subsistence was not available to them at or up to the applicable amount,

(b)

counsel has received the prior approval of the Board to exceed the applicable amount, and

(c)

the Board is satisfied that the amount charged as an outlay is reasonable in all the circumstances.”.

paragraph 14 of Chapter 6 of Part 1 of Table of Fees A (ordinary actions in the Court of Session),

paragraph 8 of Part 2 of Table of Fees A (family actions, petitions, ordinary actions and other actions in the Court of Session),

paragraph 11 of Part 1 of Table of Fees B (junior counsel fees for proceedings in the sheriff court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland),

paragraph 8 of Part 2 of Table of Fees B (senior counsel fees for proceedings in the sheriff court, First-tier Tribunal for Scotland, Sheriff Appeal Court and Upper Tribunal for Scotland).