Legal Aid And Advice Citation and commencement 1 These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2011 and come into force on 22nd March 2011. Application 2 These Regulations apply only in respect of proceedings commenced on or after 22nd March 2011. Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 3 The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 are amended as follows. 4 For regulation 4(3)(b) substitute— b proceedings under any of the following provisions of the 1995 Act arising out of the complaint or complaints referred to in sub-paragraph (a):— i section 22(2), where it is alleged that the assisted person breached the undertaking by reason of failure to appear at court in accordance with the undertaking; ii section 27(1)(a); iii section 28; or iv section 150(8). . 5 After regulation 4(5) insert— 5A Where— a a solicitor provides relevant ABWOR to an assisted person when, in the same court on the same day, that person is first brought before a court to answer to two or more summary complaints which are not to be treated as a single matter by virtue of paragraph (3); and b a guilty plea is tendered to the charge libelled in each complaint at the first diet at which the assisted person is called upon to plead to the charge, the amount payable under paragraph 1 of Part 1 of Schedule 1B is 100% of the prescribed amount in respect of the first complaint, 40% of that amount in respect of the second complaint and 20% in respect of any other complaints. 5B The amount payable under (as the case may be) paragraph 1 of Part 1 of Schedule 1 or paragraph 1 of Schedule 1A is half the amount that would otherwise be payable if the assisted person— a was represented by a solicitor arranged by the Board to provide criminal legal aid pursuant to regulation 7(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 at the first diet at which the assisted person was called upon to plead; b tendered a plea of not guilty at that diet; and c before the commencement of the trial tendered a plea of guilty. . 6 After regulation 4(6) insert— 6ZA Where paragraphs (5B) and (6) both apply, the amount payable under paragraph 1 of Part 1 of Schedule 1 is to be halved in accordance with paragraph (5B) and £100 added to the quotient in accordance with paragraph (6). . 7 In Part 1 of Schedule 1— a in paragraph 1— i for the entry in the second column (which relates to the JP court), substitute— £295; or £270 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below ; ii for the entry in the third column (which relates to the sheriff court or stipendiary magistrate), substitute— £485 in relation to proceedings in the sheriff court; £460 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 in relation to proceedings in the sheriff court; £390 in relation to proceedings in the JP court ; or £365 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 in relation to proceedings in the JP court ; iii for the entry in the fourth column (which relates to certain specified sheriff courts), substitute— £535; or £510 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 below ; b for the entry in the first column of paragraph 10 substitute— 10 Representation, per appearance— a in a court which has been designated as a youth court by the sheriff principal; b in a court which has been designated as a domestic abuse court by the sheriff principal; c at a hearing in respect of a community supervision order. ; c after paragraph 10 insert— 10ZA. Representation in court, per appearance, at a deferred sentence hearing. £25 where the hearing relates to one complaint; or £37.50 where the hearing relates to more than one complaint £50 where the hearing relates to one complaint; or £75 where the hearing relates to more than one complaint £50 where the hearing relates to one complaint; or £75 where the hearing relates to more than one complaint . 8 In paragraph 1 of Schedule 1A— a for the entry in the second column (which relates to the sheriff court or stipendiary magistrate), substitute— £485 in relation to proceedings in the sheriff court; £460 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of Schedule 1 in relation to proceedings in the sheriff court; £390 in relation to proceedings in the JP court; or £365 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of Schedule 1 in relation to proceedings in the JP court ; and b for the entry in the third column (which relates to certain specified sheriff courts), substitute— £485; or £460 where criminal legal aid has been made available in the circumstances referred to in paragraphs 11 or 12 of Part 1 of Schedule 1 . 9 In Part 1 of Schedule 1B— a in paragraph 1, for the entry in the third column (which relates to the sheriff court or stipendiary magistrate), substitute— £485; or £390 in relation to proceedings in the JP court ; b for the entry in the first column of paragraph 8 substitute— 8 Representation, per appearance— a in a court which has been designated as a youth court by the sheriff principal; b in a court which has been designated as a domestic abuse court by the sheriff principal; c at a hearing in respect of a community supervision order. ; and c after paragraph 8 insert— 8A. Representation in court, per appearance, at a deferred sentence hearing. £25 where the hearing relates to one complaint; or £37.50 where the hearing relates to more than one complaint £50 where the hearing relates to one complaint; or £75 where the hearing relates to more than one complaint . Reference to a solicitor arranged by the Board 10 In regulation 4(5B) of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999, the reference to a solicitor arranged by the Board to provide criminal legal aid pursuant to regulation 7(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011 includes a solicitor available by virtue of arrangements made by the Board in accordance with regulation 5(1) of the Criminal Legal Aid (Scotland) Regulations 1996 . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 24th February 2011