Search Legislation

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Advice and Assistance (Scotland) Regulations 1996

This section has no associated Policy Notes

7.—(1) The Advice and Assistance (Scotland) Regulations 1996(1) are amended as follows.

(2) In regulation 17(1B) (fees and outlays of solicitors)(2), for “£550.76” substitute “£572.00”.

(3) In schedule 3 (table of fees allowable to solicitors)—

(a)in Part 1 (table of fees allowable to solicitors for assistance by way of representation)—

(i)in paragraph 1, for the table of fees substitute the table of fees in schedule 9 of these Regulations,

(ii)in paragraph 3 (petition by debtor for sequestration)(3)—

(aa)in sub-paragraph (a), for “£37.66” substitute “£41.51”,

(bb)in sub-paragraph (b), for “£61.85” substitute “£68.16”,

(b)in Part 2 (table of fees allowed to solicitors for advice and assistance other than assistance by way of representation), for the table of fees in paragraph 1 substitute the table of fees in schedule 10 of these Regulations,

(c)in Part 3 (table of fees allowed to solicitors for assistance by way of representation for proceedings under sections 19, 30 and 36(1)(a) of the Criminal Justice (Scotland) Act 2016), for the table of fees substitute the table of fees in schedule 11 of these Regulations,

(d)in Part 4 (table of fees allowed to solicitors for advice and assistance in relation to sections 32 and 44 of the Criminal Justice (Scotland) Act 2016)(4)—

(i)in paragraph 3 (standard rate), for “£85.18” substitute “£93.87”,

(ii)in paragraph 3 (higher rate), for “£113.29” substitute “£124.85”,

(iii)in paragraph 4(a) (standard rate), for “£130.60” substitute “£143.93”,

(iv)in paragraph 4(a) (higher rate), for “£173.70” substitute “£191.42”,

(v)in paragraph 4(b)(i) (standard rate), for “£227.12” substitute “£250.29”,

(vi)in paragraph 4(b)(i) (higher rate), for “£302.07” substitute “£332.89”,

(vii)in paragraph 4(b)(ii) (standard rate), for “£56.79” substitute “£62.59”,

(viii)in paragraph 4(b)(ii) (higher rate), for “£75.53” substitute “£83.24”,

(ix)in paragraph 5 (standard rate), for “£34.08” substitute “£37.56”,

(x)in paragraph 5 (higher rate), for “£45.32” substitute “£49.95”,

(xi)in paragraph 6 (standard rate), for “£13.18” in each place where it appears substitute “£14.53”,

(xii)in paragraph 6 (higher rate), for “£17.54” in each place where it appears substitute “£19.33”,

(e)in Part 5 (table of fees allowable to solicitors for assistance by way of representation for proceedings under schedule 8 of the Terrorism Act 2000)(5)—

(i)for “£56.79” in each place where it appears substitute “£62.59”,

(ii)for “£85.18” in both places where it appears substitute “£93.87”,

(iii)for “£6.60” in both places where it appears substitute “£7.28”,

(f)in Part 6 (table of fees allowable to solicitors for advice and assistance in relation to section 41 and schedule 7 of the Terrorism Act 2000 and Part 1 of schedule 3 of the Counter-Terrorism and Border Security Act 2019)(6)—

(i)in paragraph 3(a) (standard rate), for “£130.60” substitute “£143.93”,

(ii)in paragraph 3(a) (higher rate), for “£173.70” substitute “£191.42”,

(iii)in paragraph 3(b)(i) (standard rate), for “£227.12” substitute “£250.29”,

(iv)in paragraph 3(b)(i) (higher rate), for “£302.07” substitute “£332.89”,

(v)in paragraph 3(b)(ii) (standard rate), for “£56.79” substitute “£62.59”,

(vi)in paragraph 3(b)(ii) (higher rate), for “£75.53” substitute “£83.24”

(vii)in paragraph 4 (standard rate), for “£34.08” substitute “£37.56”,

(viii)in paragraph 4 (higher rate), for “£45.32” substitute “£49.95”,

(ix)in paragraph 5 (standard rate), for “£13.18” in each place where it appears substitute “£14.53”,

(x)in paragraph 5 (higher rate), for “£17.54” in each place where it appears substitute “£19.33”.

(1)

S.I. 1996/2447; relevant amending instruments are S.S.I. 2005/171, S.S.I. 2017/466, S.S.I. 2021/55 and S.S.I. 2022/30.

(2)

Paragraph (1B) was inserted by S.S.I. 2022/292.

(3)

Figures in paragraph 3 were substituted by S.S.I. 2022/30.

(4)

Part 4 was inserted by S.S.I. 2017/466. Figures in Part 4 were substituted by S.S.I. 2022/30.

(5)

Part 5 was inserted by S.S.I. 2021/55 and amended by S.S.I. 2022/30.

(6)

Part 6 inserted by S.S.I. 2021/55 and amended by S.S.I. 2022/30.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources