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The Criminal Legal Aid (Summary Justice Pilot Courts and Bail Conditions) (Scotland) Regulations 2006

S.S.I. 2006/234 · Made 2 May 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL AID AND ADVICE

Made 2nd May 2006

Laid before the Scottish Parliament 3rd May 2006

Coming into force 12th June 2006

The Scottish Ministers, in exercise of the powers conferred by sections 33(2)(a), (3)(a), (b), (f), (3A)(a) and 41A of the Legal Aid (Scotland) Act 1986f1 and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

1986 c. 47. Sections 33(3A) and 41A were inserted by the Crime and Punishment (Scotland) Act 1997 (c. 48), sections 51 and 54 respectively. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
  3. 3Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Criminal Legal Aid (Summary Justice Pilot Courts and Bail Conditions) (Scotland) Regulations 2006 and shall come into force on 12th June 2006.

2Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989

(1)

The Criminal Legal Aid (Scotland) (Fees) Regulations 1989f1 shall be amended in accordance with the following paragraph.

(2)

In regulation 6(4) for “as a youth court, or as a domestic abuse court, by the sheriff principal” substitute “by the sheriff principal as a youth court, domestic abuse court or summary justice pilot court”.

3Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

(1)

The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999f1 shall be amended in accordance with the following paragraph.

(2)

In the table of fees at Part I of Schedule 1f2–

(a)

after paragraph 10, insert—

“

10A

Representation per appearance at a hearing in a court which has been designated as a summary justice pilot court by the sheriff principal.

–£50–

”.

(b)

at the end, insert—

“

14

All work done in connection with an application for bail subject to a movement restriction condition under section 24A of the 1995 Act.

–£50–

”.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd May 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 (“the 1989 Regulations”) and the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 (“the 1999 Regulations”), so as to provide that—

(a)

the capped fees for the duty solicitor set out in regulation 6 of the 1989 Regulations do not apply to appearances made on behalf of an assisted person before a summary justice pilot court (regulation 2); and

(b)

Schedule 1 to the 1999 Regulations be amended so as to allow (a) a fixed payment of £50 to be payable to solicitors for each appearance made on behalf of an assisted person in a court which has been designated as a summary justice pilot court and (b) a fixed payment of £50 to be payable to solicitors for all work done in connection with an application for bail subject to a movement restriction condition (regulation 3).