These Regulations may be cited as the Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 and come into force on 17February2021.
2Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#
(1)The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 are amended as follows.
(2)In regulation 3 (financial limit), after paragraph (c)(xiv), insert—“xv where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to consult a solicitor under paragraph 16(6) of schedule 8 of the Terrorism Act 2000, the sum of £225.00, unless as part of that consultation the solicitor is present at an interview carried out in connection with a terrorist investigation or for the purposes of schedule 7 of that Act, in which case the sum of £550.00;xvi where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to consult a solicitor under paragraph 37(6) of schedule 3 of the Counter-Terrorism and Border Security Act 2019, the sum of £225.00, unless as part of that consultation the solicitor is present at an interview carried out in connection with an investigation for the purposes of Part 1 of that schedule, in which case the sum of £550.00.”
3Amendment of the Advice and Assistance (Scotland) Regulations 1996#
(1)The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.
(2)For regulation 4A (applications for advice and assistance: further provision) substitute—“4A The requirement in regulation 4 for an application for advice and assistance to be signed does not apply in the case of—a a client to whom section 32 of the Criminal Justice (Scotland) Act 2016 (right to have a solicitor present) applies;b a person who is detained under section 41 or schedule 7 of the Terrorism Act 2000;c a person who is detained under part 1 of schedule 3 of the Counter-Terrorism and Border Security Act 2019.”
(3)In paragraph (4) of regulation 14A (change of solicitor etc.), after “2016”, insert “, or paragraphs 29 or 36 of schedule 8 of the Terrorism Act 2000”.
(4)In paragraph (1A) of regulation 17 (fees and outlays of solicitors), after sub-paragraph (b), insert—“c Part V of schedule 3, the reference to Part I of schedule 3 in paragraph (1)(a) above should be read as a reference to Part V of schedule 3;d Part VI of schedule 3, the reference to Part II of schedule 3 in paragraph (1)(a) above should be read as a reference to Part VI of schedule 3.”
(5)In schedule 3 (Table of fees allowable to solicitors) after Part IV insert—“(i) aggregate time engaged or waiting is more than 2 hours, up toand including 4 hours;and”
4Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008#
In regulation 7(5) (single payment in summary criminal cases) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (single payment in summary criminal cases), after sub-paragraph (aa) insert—“ab the provision of advice and assistance to a person to whom:i paragraph 16(6) of schedule 8 of the Terrorism Act 2000 applies;ii paragraph 37(6) of schedule 3 of the Counter-Terrorism and Border Security Act 2019 applies;ac the provision of assistance by way of representation in proceedings in connection with an application for a warrant of further detention, or for an extension of such a warrant, under paragraph 29 or 36 of Schedule 8 to the Terrorism Act 2000;”
5Amendment of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011#
In regulation 3 (duty solicitors: advice for suspects) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 after “2016” insert “, paragraph 16(6) of schedule 8 of the Terrorism Act 2000 (entitlement to consult a solicitor), or paragraph 37(6) of schedule 3 of the Counter-Terrorism and Border Security Act 2019 (entitlement to consult a solicitor)”.
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