Statutory Instrument 1988 No. 1107 (S.109)

The Civil Legal Aid (Scotland) (Fees) Amendment

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1988 No. 1107 (S.109)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland) (Fees) Amendment

The Secretary of State, in exercise of the powers conferred upon him by section 33 of the Legal Aid (Scotland) Act 1986^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment (No. 2) Regulations 1988 and shall come into force on 1st August 1988.

    (2)  In these Regulations "the principal Regulations" means the Civil Legal Aid (Scotland) (Fees) Regulations 1987^[2].

Amendment of principal Regulations
    2.    Regulation 8A of the principal Regulations shall be deleted and the following shall be substituted therefor:—


    "8A.    Where any work is carried out in the preparation for or conduct of a case and that work could more economically have been done by instructing a local solicitor, only such fees and outlays shall be allowed as would have been allowable if a local solicitor had been instructed, including reasonable fees for instructing and corresponding with him, unless it was reasonable in the interests of the client that the solicitor in charge of the case, or a solicitor or clerk authorised by him, should attend personally." .

    3.    For the Table of Fees set out in Schedule 1 to the principal Regulations (Fees of Solicitors for Proceedings in the Court of Session) there shall be substituted the Table of Fees set out in Schedule 1 to these Regulations.

    4.    For the Table of Fees set out in Schedule 2 to the principal Regulations (Fees of Solicitors for Proceedings in the Sheriff Court) there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

    5.    The amendments to the principal Regulations contained in regulations 3 and 4 of these Regulations shall apply only to fees for work done on or after 1st August 1988.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St Andrew's House, Edinburgh

28th June 1988

[1] 1986 c. 47 back

[2] S.I. 1987/366; the relevant amending instrument is S.I. 1987/895 back

Explanatory Note