These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 and come into force on 15 November 2023.
2Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989#
(1)Chapter 2 of schedule 6 (table of fees chargeable by solicitors for defended proceedings in the sheriff court (except where otherwise specified) and in the Sheriff Appeal Court) of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 is amended as follows.
(2)In the table of fees, in the fee narrative in paragraph 2A(a)(iii) (progress fees (Family and Civil Partnership Actions)), for “10” substitute “11”.
3Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989#
(1)Schedule 2 (fees of counsel) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 is amended as follows.
(2)In the notes on the operation of schedule 2—
(a)in paragraph 3(c)—
(i)for “junior with leader” where it first, second, and third occurs substitute “junior as leader”,
(ii)for “senior junior” substitute “junior as leader”,
(b)in paragraph 16, for “1AA(c)” substitute “1AA(d)”,
(c)in paragraph 16A(1)—
(i)in head (c), for “; or” substitute “.”,
(ii)omit head (d),
(d)in paragraph 17(ab), omit “or other hearing where a prescribed fee is payable at the rate for trial, ”,
(e)in paragraph 18, for sub-paragraph (d) substitute—“d no fee is payable unless counsel was required to attend and remain available at court in case the trial proceeded that day.”
(3)In Part 1 of the Table of Fees (Fees of Counsel for Proceedings in the High Court of Justiciary), omit “Offences under the 2000 Act” where it first occurs in each of—
(a)Chapter 1 (junior counsel), paragraph 3(a) (trial per day),
(b)Chapter 2 (senior counsel), paragraph 3(a) (trial per day).
(4)In Part 3 of the Table of Fees (Fees of Counsel for Proceedings in the Sheriff and Justice of the Peace Court), omit “Offences under the 2000 Act” where it first occurs in each of—
(a)Chapter 1 (junior counsel), paragraph 2(a) (trial per day),
(b)Chapter 2 (senior counsel), paragraph 2(a) (trial per day).
4Amendment of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993#
In regulation 3(c) (financial limit) of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993—
(a)in each of sub-paragraphs (xii) to (xiv) and (xvii), for “advice” substitute “assistance”,
(b)in sub-paragraph (xvi)—
(i)for “£225.00” substitute “£250.00”,
(ii)for “£550.00” substitute “£600.00”,
(c)after sub-paragraph (xvi), insert—“xvia where the assistance by way of representation relates to an application for a warrant of further detention under paragraph 29 of schedule 8 of the Terrorism Act 2000, or for an extension of the period specified in such a warrant under paragraph 36 of that schedule, the sum of £385,”
(d)after sub-paragraph (xvii), insert—“xviii 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 15(6) of schedule 6 of the National Security Act 2023, the sum of £250.00 unless as part of that consultation the solicitor is present at an interview carried out in connection with the client’s detention under section 27 of that Act, in which case the sum of £600.00,xix where the assistance by way of representation relates to an application for a warrant of further detention under paragraph 37 of schedule 6 of the National Security Act 2023, or for an extension of the period specified in such a warrant under paragraph 44 of that schedule, the sum of £385.”
5Amendment of the Advice and Assistance (Scotland) Regulations 1996#
(1)The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.
(2)In regulation 4A (applications for advice and assistance: further provision), after paragraph (c) insert—“d a person who is detained under section 27 of the National Security Act 2023.”
(3)In regulation 14A(4) (change of solicitor etc.)—
(a)after “2016, ” omit “or”, and
(b)after “2000” insert “, or paragraphs 37 or 44 of schedule 6 of the National Security Act 2023”.
(4)In regulation 17(1A) (fees and outlays of solicitors), after sub-paragraph (d), insert—“e Part VII of schedule 3, the reference to Part I of schedule 3 in paragraph (1)(a) above should be read as a reference to Part VII of schedule 3,f Part VIII of schedule 3, the reference to Part II of schedule 3 in paragraph (1)(a) above should be read as a reference to Part VIII of schedule 3.”
(5)In schedule 3 (table of fees allowable to solicitors)—
(a)for the table of fees in Part V (assistance by way of representation for proceedings under schedule 8 of the Terrorism Act 2000) substitute—“”
(b)in the table of fees in Part VI (advice and assistance in relation to section 41 and schedule 7 of the Terrorism Act 2000 and Part 1 of schedule 8 of the Counter-Terrorism and Border Security Act 2019), in paragraph 2 for “these regulations” substitute “this schedule”,
(c)after Part VI insert—“”
6Amendment of the Civil Legal Aid (Scotland) Regulations 2002#
(1)The Civil Legal Aid (Scotland) Regulations 2002 note are amended as follows.
(2)In regulation 2(1) (interpretation), after the definition of “assisted person” insert—“• “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”
(3)In regulation 33 (payments out of property recovered or preserved: exceptions), after sub-paragraph (a)(xxiv) insert—“xxv by way of a carer support payment.”
(4)In schedule 2 (rules for computing disposable income), after paragraph 7(n), insert—“o any carer support payment.”
(5)In schedule 3 (rules for computing disposable capital), after paragraph 8(j), insert—“k any carer support payment.”
7Amendment of 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.
(2)In regulation 3(n) (application of Part 2 of the Act: miscellaneous proceedings), after “2000” insert “, or under paragraph 37 or 44 of schedule 6 of the National Security Act 2023”.
(3)In regulation 9(c) (prescribed proceedings), after “2000” insert “, or under paragraph 37 or 44 of schedule 6 of the National Security Act 2023”.
8Amendment 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—
(a)in sub-paragraph (ab), after head (ii), insert—“iii paragraph 15(6) of schedule 6 of the National Security Act 2023 applies,”
(b)in sub-paragraph (ac), after “2000” insert “, or under paragraph 37 or 44 of schedule 6 of the National Security Act 2023,”.
9Amendment 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—
(a)omit “or”,
(b)after “(entitlement to consult a solicitor)” where it second occurs, insert “, or paragraph 15(6) of schedule 6 of the National Security Act 2023 (entitlement to consult a solicitor)”.
10Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013#
(1)The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows.
(2)In regulation 2(1) (interpretation), after the definition of “assisted person” insert—“• “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023,”
(3)In schedule 1 (assessment of disposable income for the purposes of children’s legal aid), after paragraph 5(p), insert—“q any carer support payment.”
(4)In schedule 2 (assessment of disposable capital for the purposes of children’s legal aid), after paragraph 8(j), insert—“k any carer support payment.”
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