The Advice and Assistance (Financial Limit) (Scotland) Regulations 1993

As amended by:

The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2004 [S.S.I. 2004 No. 308]

The Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2007 [S.S.I. 2007 No. 248]

The Advice and Assistance (Limits, Conditions and Representation) (Scotland) Regulations 2008 [S.S.I. 2008 No. 251]

The Criminal Legal Assistance (Miscellaneous Amendments) (Scotland) Regulations 2017 [S.S.I. 2017 No. 466]

The Criminal Legal Aid and Advice and Assistance (Counter-Terrorism and Border Security) (Scotland) Regulations 2021 [S.S.I. 2021 No.55]

The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 [S.S.I. 2021 No. 368]

Legal Aid and Advice and Assistance (Financial Limit) (Scotland) Amendment Regulations 2022 [S.S.I. 2022 No 116] in force 1 April 2022

The Advice and Assistance (Summary Criminal Proceedings) (Miscellaneous Amendment) (Scotland) Regulations 2022 No 292 in force 4 November 2022

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2023 [SSI 2023 No 135] in force 29 April 2023

The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 4) Regulations 2023 [SSI 2023 No ] in force 15 November 2023

Advice and Assistance (Financial Limit)(Scotland) Regulations 1993

1993 No 3187

The Secretary of State, in exercise of the powers conferred on him by sections 9(1), 9(2)(e), 36(2)(b) and 37(1) of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations, of which a draft has, in accordance with section 37(2) of that Act, been laid before, and approved by a resolution of, each House of Parliament:

Citation and commencement

   1.—(1)   These Regulations may be cited as the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 and shall come into force on 10 January 1994.

Interpretation

   2.—(1)   In these Regulations, unless the context otherwise requires –

“the Act” means the Legal Aid (Scotland) Act 1986;

“court holiday” means a day prescribed as such (including an additional court holiday) in accordance with section 8(2) of the Criminal Procedure (Scotland) Act 1995;

“distinct matter” shall be construed in accordance with regulation 8A(2) of the Advice and Assistance (Scotland) Regulations 1996;

“holiday court sitting” means a sitting of a sheriff court on a court holiday, a Saturday or a Sunday by virtue of an order under section 28 or 29 of the Courts Reform (Scotland) Act 2014;

“a Parole Board case” means a case of a prisoner to which Part IV of the Parole Board (Scotland) Rules 2001 applies

“prisoner” has the meaning assigned to it by rule 2(1) of the Parole Board (Scotland) Rules 2001

Financial limit

   3.   There is substituted in the place of the sum of £50 specified in section 10(2) of the Act as originally enacted—

(a)   in a case to which regulation 4 of these Regulations applies—

(i)   where the advice and assistance or assistance by way of representation relates to a civil matter which is a distinct matter or to a civil matter which is not distinct but following application to the Scottish Legal Aid Board is to be treated as if it were so, the sum of £180;

(ii)   [revoked]

(b)   in a case to which regulation 4 of these Regulations does not apply—

(i)   where the advice and assistance or assistance by way of representation relates to a children’s matter, a civil matter which is a distinct matter or a civil matter which is not distinct but following application to the Scottish Legal Aid Board is to be treated as if it were so, the sum of £135;

(ii)   where the advice and assistance or assistance by way of representation relates to a civil matter not falling within sub paragraph (i), the sum of £50.

(iii)   [revoked]

(c)   in other cases—

(i)   where the advice and assistance relates to a criminal matter as regards which a summary complaint has been served, the sum of £115;

(ii)   where the advice and assistance relates to a criminal matter as regards which a fixed penalty, compensation or work offer has been made under section 302, 302A or 303ZA of the Criminal Procedure (Scotland) Act 1995, and the offer or any resulting measure occurring under that section is to be challenged (including by non-acceptance of the offer or by disputing whether the offer has been accepted), the sum of £115;

(iia)   where the advice and assistance relates to a criminal matter for which an inclusive fee under regulation 17(1B) of the Advice and Assistance (Scotland) Regulations 1996 is payable, in respect of each client the sum of £600;

(iii)   where the advice and assistance relates to any other summary criminal matter, the sum of £50;

(iv)   where in relation to criminal proceedings before the sheriff sitting summarily, the assistance by way of representation is as described in regulation 6(1) or (2) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003, or regulation 6A of those Regulations otherwise than in connection with a plea of not guilty, the sum of £750;

(v)   where in relation to criminal proceedings in the justice of the peace court the assistance by way of representation is as described as referred to in sub paragraph (iv) above, the sum of £500;

(vi)   where the assistance by way of representation relates to any other summary criminal matter, the sum of £215;

(vii)   where the advice and assistance or assistance by way of representation relates to a solemn criminal matter, the sum of £215;

(viii)   despite sub paragraphs (vi) and (vii), where the assistance by way of representation involves a second or subsequent diet that has been ordered by the court, the sum of £290;

(ix)   where the assistance by way of representation relates to Parole Board proceedings, the sum of £215.

(x)   where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to a consultation in terms of section 44 of the Criminal Justice (Scotland) Act 2016, the sum of £250;

(xi)   where the advice and assistance is for personal attendance by a solicitor and the client has exercised a right to have a solicitor present in terms of section 32(2) of the Criminal Justice (Scotland) Act 2016, the sum of £600;

(xii)   where the assistance by way of representation is for review of a condition under section 19 of the Criminal Justice (Scotland) Act 2016, the sum of £385;

(xiii)   where the assistance by way of representation is for review of a condition of an undertaking under section 30 of the Criminal Justice (Scotland) Act 2016, the sum of £385;

(xiv)   where the assistance by way of representation relates to an application for authorisation for questioning by a prosecutor under section 36(1)(a) of the Criminal Justice (Scotland) Act 2016, the sum of £385.

(xv)   where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to consult a solicitor under paragraph 16(6) of schedule 8 of the Terrorism Act 2000, the sum is £250.00, unless as part of that consultation the solicitor is present at an interview carried out in connection with a terrorist investigation or for the purposes of schedule 7 of that Act, in which case the sum of £600;

(xvi)   where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to consult a solicitor under paragraph 37(6) of schedule 3 of the Counter-Terrorism and Border Security Act 2019, the sum is £250.00, unless as part of that consultation the solicitor is present at an interview carried out in connection with an investigation for the purposes of Part 1 of that schedule, in which case the sum of £600.00

(xvia)   where the assistance by way of representation relates to an application for a warrant of further detention under paragraph 29 of schedule 8 of the Terrorism Act 2000, or for an extension of the period specified in such a warrant under paragraph 36 of that schedule, the sum of £385,

(xvii)   where the assistance by way of representation relates to proceedings under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019, the sum of £500.

(xviii)   where the advice and assistance is for personal attendance by a solicitor and the client has exercised the right to consult a solicitor under paragraph 15(6) of schedule 6 of the National Security Act 2023, the sum of £250.00 unless as part of that consultation the solicitor is present at an interview carried out in connection with the client’s detention under section 27 of that Act, in which case the sum of £600.00,

(xix)   where the assistance by way of representation relates to an application for a warrant of further detention under paragraph 37 of schedule 6 of the National Security Act 2023, or for an extension of the period specified in such a warrant under paragraph 44 of that schedule, the sum of £385.

Special cases

   4.   This regulation applies to the following cases: —

(a)   where assistance by way of representation is provided—

(i)   [revoked]

(ii)   in relation to a petition by a debtor for the sequestration of his estate under section 5(2)(a) of the Bankruptcy (Scotland) Act 1985

(iii)   [revoked]

(b)   where advice and assistance is provided and the solicitor is satisfied that—

(i)   the matter on which advice and assistance is provided is likely to be resolved only by preparing for proceedings in a civil court for which legal aid is available; and

(ii)   it is likely, on the information provided to him, that the applicant will qualify on financial grounds for civil legal aid; and

(iii)   it is reasonable in the circumstances of the case.

Revocations

  5.—The following Regulations are hereby revoked:—

(a)   the Advice and Assistance (Scotland) (Prospective Cost) (No. 3) Regulations 1988;

(b)   the Advice and Assistance (Scotland) (Prospective Cost) Regulations 1991;

(b)   the Advice and Assistance (Scotland) (Prospective Cost) Amendment Regulations 1993.

St Andrew’s House, Edinburgh

14 December 1993