Explanatory note

These Regulations amend the Legal Aid (Scotland) (Fees in Criminal Proceedings) Regulations 1984 so as to increase the fees allowable to solicitors for legal aid in criminal proceedings given under the Legal Aid (Scotland) Act 1967. The increased fees will apply to proceedings concluded on or after 1st June 1990.

The Legal Aid (Scotland) Act 1967 continues in effect, despite its general repeal by the Legal Aid (Scotland) Act 1986, in respect of legal aid applications which were granted before commencement of the 1986 Act on 1st April 1987 (see paragraph 3(1) of Schedule 4 to the 1986 Act). It is thus only in respect of proceedings following upon such applications that these Regulations increase the fees.

Regulation 2 and Schedule 1 increase the maximum and minimum fees allowable to solicitors in respect of various kinds of proceedings or work. The overall increase is about 7½%.

Regulation 3 and Schedule 2 increase the detailed fees applicable (subject normally to the prescribed maximum and minimum) for calculating the remuneration of solicitors in proceedings in the High Court of Justiciary. The overall increase is about 7½%.

Regulation 4 and Schedule 3 increase the detailed fees applicable (subject normally to the prescribed maximum and minimum) for calculating the remuneration of solicitors in proceedings in the sheriff or district court. The fees have been increased by amounts similar to those in Schedule 2.