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The Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011

S.S.I. 2011/41 · Made 26 January 2011

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 26th January 2011

Laid before the Scottish Parliament 28th January 2011

Coming into force 28th February 2011

The Scottish Ministers make these Regulations in exercise of the powers conferred by section 33(2) and (3) of the Legal Aid (Scotland) Act 1986f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

1986 c.47; section 33 has been amended for purposes not relevant to these Regulations. 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. 2Application
  3. 3Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989
  4. 4Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989
  5. 5Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
  6. 6Amendment of the Advice and Assistance (Scotland) Regulations 1996
  7. Signature
  8. Explanatory note

1Citation and commencement

These Regulations may be cited as the Legal Aid and Advice and Assistance (Solicitors’ Travel Fees) (Scotland) Regulations 2011 and come into force on 28th February 2011.

2Application

These Regulations apply only in respect of travel commenced on or after 28th February 2011.

3Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989

In the Civil Legal Aid (Scotland) (Fees) Regulations 1989f1—

(a)

in Schedule 3f2, after paragraph 5 insert—

“

5A.The fee for each quarter hour (or part thereof) spent travelling—
(a) by a solicitor£5.45
(b) by a solicitor’s clerk£2.70

”;

(b)

in Schedule 5f3, after paragraph 5 insert—

“

5A.The fee for each quarter hour (or part thereof) spent travelling—
(a) by a solicitor£7.27
(b) by a solicitor’s clerk£3.59

”

(c)

in Schedule 6f4, for “0.8 units” substitute “£7.27” in—

(i)

paragraph 6 of the notes on the operation of Chapter I; and

(ii)

paragraph 21 of the notes on the operation of Chapter II.

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

In Schedule 1 to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989f1, in Part 1 of the Table of Fees, after paragraph 5 insert—

“

5A.The fee for each quarter of an hour spent travelling—
(a) by a solicitor£5.28£6.34
(b) by a solicitor’s clerk£2.63£3.17

”

5Amendment of the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992

In Schedule 1 to the Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992f1, after paragraph 4 insert—

“4A.

The fee for each quarter of an hour (or part thereof) spent travelling—

(a)

by a solicitor is £5.28;

(b)

by a solicitor’s clerk is £2.63.”.

6Amendment of the Advice and Assistance (Scotland) Regulations 1996

In Schedule 3 to the Advice and Assistance (Scotland) Regulations 1996f1—

(a)

in Part I, after paragraph 4 in the table of fees insert—

“

4A.The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor£5.28£6.38
(b) by a solicitor’s clerk£2.63£3.18

”;

(b)

in Part II, after paragraph D in the table of fees insert—

“

DA.The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor£5.80£6.38£6.38
(b) by a solicitor’s clerk£2.89£3.18£3.18

”.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

26th January 2011

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the fees payable to solicitors, and their clerks, for travelling in connection with the provision of advice and assistance (including assistance by way of representation) and legal aid.