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

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023 No. 135

PART 1DETAILED FEES

Summary ProcedureSolemn Procedure
1. In connection with the conduct of a hearing—
(a)in summary proceedings, the fee for—
(i)any time up to the first half hour spent by a solicitor conducting the hearing£34.32
(ii)each quarter hour spent, subsequent to the first half hour, conducting the hearing£17.17
(b)in solemn proceedings, the fee for each quarter of an hour spent by a solicitor conducting the hearing£21.48
1A.Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination£88.16£88.16
2. The fee for any of the following—£7.52£8.17
(a)each citation of a witness, including execution,
(b)framing and drawing necessary papers other than those referred to in paragraph 3(c),
(c)instructing messengers at arms and sheriff officers, including examining execution and settling fee,
(d)lengthy telephone calls (of over 4 and up to 10 minutes’ duration), subject to paragraph 4(b)(iii), and
(e)letters, including instructions to counsel, per page (or part thereof), subject to paragraph 3(b).
3. The fee for any of the following—£3.04£3.25
(a)attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary inquiry for documents due to be lodged,
(b)short formal letters, letters of acknowledgement, letters each having a similar nature, intimations and letters confirming telephone calls,
(c)framing formal papers, including inventories and title pages, per sheet (or part thereof),
(d)revising papers drawn by counsel or where revisal ordered by court, per 5 sheets (or part thereof), and
(e)subject to paragraph 4(b)(iii), short telephone calls (of up to 4 minutes’ duration) and telephone calls (of any duration) where the intended recipient is not reached or insufficient narrative is provided in the account to ascertain the duration of the call.
4.In connection with taking a precognition in relation to solemn proceedings—
(a)subject to paragraph  7 of the notes on the operation of schedule  1, the fee for each hour (or part thereof) spent—
(i)travelling£13.57
(ii)taking a statement£13.57
(b)the fee for—
(i)framing the precognition, per sheet£2.85
(ii)each letter making arrangements for taking a statement£1.72
(iii)a telephone call, of any duration£1.13
5.There is no fee for photocopying—
(a)where fewer than 20 sheets are copied at any one time,
(b)in relation to the first 20 sheets copied at any one time.
Subject to sub-paragraph (a), the fee for photocopying in relation to the proceedings is—
(a)for each sheet copied for up to 10,000 sheets£0.05£0.05
(b)for each sheet copied in addition to the first 10,000 sheets£0.01£0.01
5A.The fee for each quarter of an hour spent travelling—
(a)by a solicitor£6.63£7.18
(b)by a solicitor’s clerk£3.31£3.60
6.The fee for each quarter of an hour spent carrying out work other than that prescribed in the preceding paragraphs—
(a)by a solicitor, provided the time is additional to the total time charged for under paragraph 1£13.23£14.32
(b)by a solicitor’s clerk£6.59£7.18

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