{
  "url": "https://openlegislation.uk/legal-aid-miscellaneous-amendments-scotland-regulations-2015/regulation-3",
  "json_url": "https://openlegislation.uk/legal-aid-miscellaneous-amendments-scotland-regulations-2015/regulation-3.json",
  "legislation": "ssi/2015/337",
  "legislation_title": "The Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015",
  "legislation_url": "https://openlegislation.uk/legal-aid-miscellaneous-amendments-scotland-regulations-2015",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989",
  "text": "(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989 are amended as follows.\n(2) In regulation 2(1) (interpretation), for the definition of “solicitor advocate” substitute—\n““solicitor advocate” means—\n(a) a solicitor who, in relation to the proceedings, has exercised a right of audience conferred by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980; or\n(b) in relation to proceedings in the Sheriff Appeal Court, a solicitor who would have been entitled to exercise such a right of audience had the proceedings taken place in a court to which section 25A of that Act applied;”.\n(3) In regulation 11(1)(a), after “appeals,” insert “or the Sheriff Appeal Court,”.\n(4) In paragraph 8 (interpretation) of Schedule 1, in the definition of “court”, after “Justiciary,” insert “the Sheriff Appeal Court,”.\n(5) In Schedule 2 (fees of counsel)—\n(a) in the notes on the operation of the Schedule—\n(i) in the heading before paragraph 4, omit the words “in the High Court of Justiciary”;\n(ii) in paragraph 6, for “6(a), (b) or (c)” substitute “6(a), (b), (c), (ca) or (cb)”;\n(b) in Chapter 1 of Part II (fees of junior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)—\n(i) in sub-paragraph (a), for “except (b)” substitute “except (ab) or (b)”;\n(ii) after sub-paragraph (a) insert—\n“\n(ab)\nall work in connection with a continued diet in relation to such an appeal\n£30\n£30\n£30\n”;\n(c) in Chapter 1 of Part II, (fees of junior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert—\n“\n(ca)\nappeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act\n£700-£1,089\n£500-£825\n£400-£625\n(cb)\nreferral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act\n£700-£1,089\n£500-£825\n£400-£625\n”;\n(d) in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)—\n(i) in sub-paragraph (a), for “except (b)” substitute “except (ab) or (b);\n(ii) after sub-paragraph (a), insert—\n“\n(ab)\nall work in connection with a continued diet in relation to such an appeal\n£50\n”; and\n(e) in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert—\n“\n(ca)\nappeal from the Sheriff Appeal Court to the High Court under section 194ZB of the 1995 Act\n£900-£1,250\n(cb)\nreferral from the Sheriff Appeal Court to the High Court under section 175A of the 1995 Act\n£900-£1,250\n”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1989/1491; relevant amending instruments are S.S.I. 2004/264, S.S.I. 2005/113, S.S.I. 2010/63 and S.S.I. 2011/135."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "The definition of “solicitor advocate” was substituted by S.S.I. 2011/135."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "1980 c.46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 24."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Schedule 1 was substituted by S.S.I. 2004/264."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Schedule 2 was substituted by S.S.I. 2005/113; paragraph 4 to 11B and Chapters 1 and 2 of Part II were substituted by S.S.I. 2010/63."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 194ZB is inserted by section 119 of the Courts Reform (Scotland) Act 2014 (asp 18) (“the 2014 Act”)."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "Section 175A(1) is inserted by section 120 of the 2014 Act."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ssi/2015/337/regulation/3",
    "retrieved_at": "2026-10-28T21:27:36.049266+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}