These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2022 and come into force on 1 October 2022.
2Amendments to the Civil Legal Aid (Scotland) (Fees) Regulations 1989#
In schedule 6, chapter 2 (sheriff court civil fees (defended)) of the Civil Legal Aid (Scotland) (Fees) Regulations 1989—
(a)in paragraph 24, omit “Except as provided for by paragraph 25 or where otherwise prescribed,”,
(b)omit paragraph 25.
3Amendments to the Criminal Legal Aid (Scotland) (Fees) Regulations 1989#
In schedule 2 (fees of counsel) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989—
(a)in paragraph 13(d), omit “, unless claimed during the emergency period”,
(b)in paragraph 22 (interpretation), omit the entry relating to “emergency period”.
4Amendments to the Advice and Assistance (Scotland) Regulations 1996#
In regulation 16A of the Advice and Assistance (Scotland) Regulations 1996 (interim payment of fees and outlays during the emergency period)—
(a)for the heading substitute “Interim payments”,
(b)for paragraph (1) substitute—“1 This regulation applies where a claim is made for interim payment under the Act.”
(c)omit paragraph (2).
5Amendments to the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999#
In regulation 4 (fixed payments allowable to solicitors) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999—
(a)in paragraph (5C), omit “during the emergency period ”,
(b)omit paragraph (5D).
6Amendments to the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003#
(1)The Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 are amended as follows.
7Amendments to the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011#
In regulation 7 (duty solicitors: persons prosecuted under summary procedure) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011—
(a)in paragraph (2)(b)(i), for “(5)” substitute “(5A)”,
(b)omit paragraphs (5) and (5B),
(c)in paragraph (5A), for “For the duration of the emergency period, representation” substitute “Representation”,
(d)for paragraph (8) substitute—“8 Paragraph (7) does not apply in relation to—a proceedings before a court which has been designated as a youth court or a domestic abuse court by the sheriff principal;b persons to whom paragraph (2)(b)(ii) applies.”
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