Citation and commencement

1.  These Regulations may be cited as the Legal Aid (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 22nd September 2015.

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

2.-(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989(2) are amended as follows.

(2) In Schedule 4, Table of Fees A(3) (fees of counsel for proceedings in the Court of Session)-

(a)in Chapter 3 (petitions for judicial review) of Part 1 (junior counsel)-

(i)in paragraph 2 of the table, for "Motion for first orders" substitute "Oral hearing at permission stage or procedural hearing"; and

(ii)in paragraph 3 of the table, for "First or second hearing" substitute "Substantive hearing".

(b)in Chapter 6 (ordinary actions) of Part 1 (junior counsel), after paragraph 9 of the table insert-

(3) In Schedule 4, Table of Fees B(4) (fees of counsel for proceedings in the sheriff court), in Part 1 (junior counsel), after paragraph 16 of the table insert-

(4) In Schedule 7(5) (sheriff court proceedings for which fees for work done shall only be payable under Schedule 5), at the appropriate place insert-

"proceedings in an all-Scotland sheriff court within the meaning of section 42(7) of the Courts Reform (Scotland) Act 2014(6);".

(5) The amendments made by paragraph (2)(a) do not apply in the case of petitions for judicial review lodged before 22nd September 2015.

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

3.-(1) The Criminal Legal Aid (Scotland) (Fees) Regulations 1989(7) are amended as follows.

(2) In regulation 2(1) (interpretation), for the definition of "solicitor advocate"(8) substitute-

""solicitor advocate" means-

(3) In regulation 11(1)(a), after "appeals," insert "or the Sheriff Appeal Court,".

(4) In paragraph 8 (interpretation) of Schedule 1(10), in the definition of "court", after "Justiciary," insert "the Sheriff Appeal Court,".

(5) In Schedule 2(11) (fees of counsel)-

(a)in the notes on the operation of the Schedule-

(i)in the heading before paragraph 4, omit the words "in the High Court of Justiciary";

(ii)in paragraph 6, for "6(a), (b) or (c)" substitute "6(a), (b), (c), (ca) or (cb)";

(b)in Chapter 1 of Part II (fees of junior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)-

(i)in sub-paragraph (a), for "except (b)" substitute "except (ab) or (b)";

(ii)after sub-paragraph (a) insert-

(c)in Chapter 1 of Part II, (fees of junior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert-

(d)in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 5 of the table (appeals in relation to bail or interim liberation)-

(i)in sub-paragraph (a), for "except (b)" substitute "except (ab) or (b);

(ii)after sub-paragraph (a), insert-

(e)in Chapter 2 of Part II (fees of senior counsel in appeal proceedings), in paragraph 6 of the table (appeals conduct other), after sub-paragraph (c) insert-

Amendment of the Criminal Legal Aid (Scotland) Regulations 1996

4.  In regulation 4 of the Criminal Legal Aid (Scotland) Regulations 1996(14) (distinct proceedings for the purpose of criminal legal aid), after paragraph (1)(e) insert-

"(ea)appeals to the Sheriff Appeal Court against conviction, sentence, other disposal or acquittal;

(eb)appeals to the High Court of Justiciary under section 194ZB of the 1995 Act against a decision of the Sheriff Appeal Court;".

Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999

5.-(1) The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999(15) are amended as follows.

(2) In regulation 2(1)(16) (interpretation), in sub-paragraph (l) of the definition of "excluded proceedings", omit the words "to the High Court".

(3) In Part 1 of Schedule 1(17), for paragraph 13 of the table substitute-

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989, the Criminal Legal Aid (Scotland) (Fees) Regulations 1989, the Criminal Legal Aid (Scotland) Regulations 1996 and the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999.

The amendments-

• provide for a criminal appeal to the Sheriff Appeal Court to be treated as a distinct matter for the purposes of legal aid;

• expand the definition of "solicitor advocate" in the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 to include solicitor advocates acting in relation to criminal appeals to the Sheriff Appeal Court;

• prescribe the fees payable to solicitors and counsel in relation to bail appeals to the Sheriff Appeal Court;

• revise the table of fees applying to junior counsel in judicial review proceedings to take account of the new procedure introduced by section 89 of the 2014 Act; and

• make provision in relation to the fees payable in relation to proceedings in an all-Scotland sheriff court established under section 41 of the 2014 Act and in relation to civil hearings for which no fee is otherwise prescribed.