(1)Regulation 3(2)(a) applies to any case where the grant of assistance by way of representation was made on or after 1 September 2026.
(2)Regulation 3(2)(b) applies to fees for work done or outlays incurred on or after 1 September 2026.
(3)For the purposes of paragraph (2), where work for a fee prescribed in regulation 3(2)(b) is conducted over more than one date, the work is deemed to have been done on the day on which the work comes to an end.
3Amendment of the Advice and Assistance (Scotland) Regulations 1996#
(1)The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.
(2)In schedule 3 (table of fees allowable to solicitors)—
(a)In Part 7 (table of fees allowable to solicitors for assistance by way of representation for proceedings under schedule 6 of the National Security Act 2023)—
(i)in paragraphs (a) and (c), for “£62.59” substitute “£70.73”,
(ii)in paragraph (b), for “£93.87” substitute “£106.08”,
(iii)in paragraph (d), for “£7.28” substitute “£8.23”,
(b)In Part 8 (table of fees allowable to solicitors for advice and assistance in relation to section 27 and schedule 6 of the National Security Act 2023)—
(i)in paragraph 3(a) (standard rate), for “£143.93” substitute “£162.65”,
(ii)in paragraph 3(a) (higher rate), for “£191.42” substitute “£216.31”,
(iii)in paragraph 3(b)(i) (standard rate), for “£250.29” substitute “£282.83”,
(iv)in paragraph 3(b)(i) (higher rate), for “£332.89” substitute “£376.17”,
(v)in paragraph 3(b)(ii) (standard rate), for “£62.59” substitute “£70.73”,
(vi)in paragraph 3(b)(ii) (higher rate), for “£83.24” substitute “£94.07”,
(vii)in paragraph 4 (standard rate), for “£37.56” substitute “£42.45”,
(viii)in paragraph 4 (higher rate), for “£49.95” substitute “£56.45”,
(ix)in paragraphs 5(a) and (b) (standard rate), for “£14.53” substitute “£16.42”,
(x)in paragraphs 5(a) and (b) (higher rate), for “£19.33” substitute “£21.85”.
4Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999#
(1)The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 are amended as follows.
(2)In regulation 4 (fixed payments allowable to solicitors)—
(a)at the beginning of paragraph (1A), insert “Subject to paragraph (7B),”,
(b)at the beginning of paragraph (1BA)(a)(ii), insert “subject to paragraph (1BA)(a)(iii)”,
(c)after paragraph (1BA)(a)(ii), insert—“iii where work has been carried out in respect of more than one of paragraphs 1(a), (b) and 3 of Part 2 of Schedule 3, only the highest fee payable in respect of the work carried out is to be paid,”
(d)in paragraph (7)—
(i)in the opening words, omit “there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings”,
(ii)in sub-paragraph (a)—
(aa)at the beginning, insert “there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings”,
(bb)omit “paragraph 1 of” the second time it occurs,
(iii)in sub-paragraph (b), for “13” substitute “10”,
(iv)in sub-paragraph (c)—
(aa)for “paragraph 1 of Schedule 1A” substitute “that schedule”,
(bb)for “paragraphs 10, 10AA and 13” substitute “paragraphs 6, 7 and 10”,
(v)for sub-paragraph (d), substitute—“d where Schedule 3 applies—i there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings an equal part of the total amount payable under paragraph 1 of Part 1, or as the case may be, paragraphs 1 or 3 of Part 2, of that Schedule;ii the amount payable under paragraphs 2 to 5 of Part 1 of Schedule 3 is payable to the solicitor who carries out the work described in those paragraphs;iii the amount payable under one or both of paragraphs 2 and 4 of Part 2 of Schedule 3 is payable to the solicitor who carries out the work described in those paragraphs.”
(vi)in sub-paragraph (f)(i), at the beginning insert “there shall be paid to each of the solicitors who act for the assisted person in the relevant proceedings”,
(e)After paragraph (7A) insert—“7B Paragraph (1A) does not apply to payments made under paragraphs (7AA) or (7AB).”
5Amendment of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008#
(1)The Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 are amended as follows.
(2)In regulation 7 (single payment in summary criminal cases), after paragraph (5)(c) insert—“d the provision of criminal legal aid by more than one solicitor under regulation 4(7AA) or (7AB) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999.”
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