Legal Aid And Advice Citation and commencement 1 These Regulations may be cited as the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2024 and come into force on 12 October 2024. Application 2 1 Regulation 3 applies only in relation to fees for work done or outlays incurred on or after 12 October 2024. 2 For the purposes of paragraph (1), where work for a fee prescribed in regulation 3 is conducted over more than one date, the work is deemed to have been done on the day on which the work comes to an end. Amendment of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 3 1 Schedule 2 (fees of counsel) of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989 is amended as follows. 2 In the notes on the operation of schedule 2— a for paragraph 4A, substitute— Where in respect of a bill of advocation in which a hearing is set down for half a day or longer the court orders counsel to make written submissions, counsel is to be paid for drafting those submissions a fee in the range specified in paragraph 3(b) of the applicable Chapter of Part 2 of the Table of Fees. , b in paragraph 6, omit— i “paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1,”, ii “, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3,”, c in paragraph 8— i after “under”, insert “paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 1,” , ii after “2(a),” insert “(d),” , iii after “(e)”, insert “4(b),” , iv after “6(d)”, insert “, (e)” , v for “Part II”, substitute “Part 2, or paragraph 1A(k) (written work) of Chapter 1 or 2 of Part 3,” . 3 In Part 2 (fees of counsel in appeal proceedings) of the table of fees— a in Chapter 1 (junior counsel)— i in paragraph 2 (appeal by way of Bill of Suspension, Bill of Advocation or Stated Case), after sub-paragraph (c), insert— (d) drafting written submissions where ordered by the court £96.53– £302.07 £93.13–£227.12 £85.18–£170.35 , ii for paragraph 4 (appeal hearing before a Full Bench) substitute— 4. Appeal Hearing before a Full Bench (5 or more Judges) (a) all work in connection with an appeal hearing before a Full Bench except under (b) below £1,476.25 £1,135.58 £851.69 (b) drafting written submissions where ordered by the court £283.90–£476.96 £227.12–£397.46 £158.99–£340.68 , iii in paragraph 6 (appeals conduct other), after sub-paragraph (d), insert— (e) drafting written submissions where ordered by the court £283.90–£476.96 £227.12–£397.46 £158.99–£340.68 , b In Chapter 2 (senior counsel)— i in paragraph 2 (appeal by way of Bill of Suspension, Bill of Advocation or Stated Case), after sub-paragraph (c), insert— (d) drafting written submissions where ordered by the court £140.82–£340.68 , ii for paragraph 4 (appeal hearing before a Full Bench) substitute— 4. Appeal Hearing before a Full Bench (5 or more Judges) (a) all work in connection with an appeal hearing before a Full Bench except under (b) below £1,703.37 (b) drafting written submissions where ordered by the court £283.90–£574.61 , iii in paragraph 6 (appeals conduct other), after sub-paragraph (d), insert— (e) drafting written submissions where ordered by the court £283.90–£574.61 . Amendment of the Advice and Assistance (Scotland) Regulations 1996 4 1 The Advice and Assistance (Scotland) Regulations 1996 are amended as follows. 2 In regulation 2(1) (interpretation)— a after the definition of “employment tribunal”, insert— “ Grenfell Tower payment ” means any payment made to a person by way of compensation, damages or legal expenses in connection with the Grenfell Tower fire of 14 June 2017, including under any settlement arrived at to prevent or bring legal proceedings to an end, “ human trafficking or exploitation victim payment ” means any payment made by way of support or assistance provided under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under regulations made under section 10 of that Act, or any payment made by way of support provided under a Modern Slavery Victim Care Contract , , b after the definition of “income-related employment and support allowance”, insert— “ Infected Blood Compensation Scheme ” means the scheme made by the Secretary of State or the Minister for the Cabinet Office in exercise of powers conferred by section 49 of the Victims and Prisoners Act 2024 , , c after the definition of “legal representative”, insert— “ miscarriage of justice payment ” means any payment made by the Secretary of State, the Scottish Ministers or the Department of Justice (Northern Ireland) for the purpose of compensating a person for a miscarriage of justice, . 3 In regulation 16(2) (payment of fees and outlays from property recovered or preserved)— a in sub-paragraph (a), after head (xix) , insert— xx by way of any human trafficking or exploitation victim payment, xxi by way of any miscarriage of justice payment, xxii by way of any Grenfell Tower payment, xxiii by way of any payment made under the Infected Blood Compensation Scheme. , b in sub-paragraph (c), for “invalid care allowance” substitute “carer’s allowance” . 4 In schedule 2 after paragraph 5(bg) (assessment of disposable capital and income), insert— bh there shall be left out of account any human trafficking or exploitation victim payment, bi there shall be left out of account any miscarriage of justice payment, bj there shall be left out of account any Grenfell Tower payment, bk there shall be left out of account any payment made under the Infected Blood Compensation Scheme. . Amendment of the Civil Legal Aid (Scotland) Regulations 2002 5 1 The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows. 2 In regulation 2(1) (interpretation)— a after the definition of “Fund”, insert— “ Grenfell Tower payment ” means any payment made to a person by way of compensation, damages or legal expenses in connection with the Grenfell Tower fire of 14 June 2017, including under any settlement arrived at to prevent or bring legal proceedings to an end, “ human trafficking or exploitation victim payment ” means any payment by way of support or assistance provided under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under regulations made under section 10 of that Act, or any payment made by way of support provided under a Modern Slavery Victim Care Contract, , b after the definition of “income-related employment and support allowance”, insert— “ Infected Blood Compensation Scheme ” means the scheme made by the Secretary of State or the Minister for the Cabinet Office in exercise of powers conferred by section 49 of the Victims and Prisoners Act 2024, , c after the definition of “maximum contribution”, insert— “ miscarriage of justice payment ” means any payment made by the Secretary of State, the Scottish Ministers or the Department of Justice (Northern Ireland) for the purpose of compensating a person for a miscarriage of justice, . 3 In regulation 33(a) (payments out of property recovered or preserved: exceptions)— a after head (iii), insert— iiia by way of carer’s allowance under section 70 of the 1992 Act, , b after head (xxvii) , insert— xxviii by way of any human trafficking or exploitation victim payment, xxix by way of any miscarriage of justice payment, xxx by way of any Grenfell Tower payment, xxxi by way of any payment made under the Infected Blood Compensation Scheme. . 4 In schedule 2, paragraph 7 (disregards in computing disposable income)— a after sub-paragraph (a), insert— ab carer’s allowance paid under section 70 of the 1992 Act, , b after sub-paragraph (q) , insert— r any human trafficking or exploitation victim payment, s any miscarriage of justice payment, t any Grenfell Tower payment, u any payment made under the Infected Blood Compensation Scheme. . 5 In schedule 3, paragraph 8 (disregards in computing disposable capital)— a in sub-paragraph (l) , after “any”, insert “carer’s allowance paid under section 70 of the 1992 Act or” , b after sub-paragraph (m), insert— n any human trafficking or exploitation victim payment, o any miscarriage of justice payment, p any Grenfell Tower payment, q any payment made under the Infected Blood Compensation Scheme. . Amendment of the Children’s Legal Assistance (Scotland) Regulations 2013 6 1 The Children’s Legal Assistance (Scotland) Regulations 2013 are amended as follows. 2 In regulation 2(1) (interpretation)— a after the definition of “children’s hearing”, insert— “ Grenfell Tower payment ” means any payment made to a person by way of compensation, damages or legal expenses in connection with the Grenfell Tower fire of 14 June 2017, including under any settlement arrived at to prevent or bring legal proceedings to an end, “ human trafficking or exploitation victim payment ” means any payment by way of support or assistance provided under section 9 of the Human Trafficking and Exploitation (Scotland) Act 2015 or under regulations made under section 10 of that Act, or any payment made by way of support provided under a Modern Slavery Victim Care Contract, “ Infected Blood Compensation Scheme ” means the scheme made by the Secretary of State or the Minister for the Cabinet Office in exercise of powers conferred by section 49 of the Victims and Prisoners Act 2024, , b after the definition of “interested person”, insert— “ miscarriage of justice payment ” means any payment made by the Secretary of State, the Scottish Ministers or the Department of Justice (Northern Ireland) for the purpose of compensating a person for a miscarriage of justice, . 3 In schedule 1, paragraph 5 (disregards in assessing disposable income for the purposes of children’s legal aid)— a in sub-paragraph (r) , after “any”, insert “carer’s allowance paid under section 70 of the 1992 Act or” , b after sub-paragraph (s), insert— t any human trafficking or exploitation victim payment, u any miscarriage of justice payment, v any Grenfell Tower payment, w any payment made under the Infected Blood Compensation Scheme. . 4 In schedule 2, paragraph 8 (disregards in assessing disposable capital for the purposes of children’s legal aid)— a in sub-paragraph (l) , after “any” insert “carer’s allowance paid under section 70 of the 1992 Act or” , b after sub-paragraph (m), insert— n any human trafficking or exploitation victim payment, o any miscarriage of justice payment, p any Grenfell Tower payment, q any payment made under the Infected Blood Compensation Scheme. . SIOBHIAN BROWN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 27th August 2024