LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2009 and come into force on 22nd June 2009. Application 2 1 Regulations 4, 6 and 7 only apply to fees for work done or outlays incurred on or after 1st April 2008. 2 Regulation 8 only applies to fees for work done or outlays incurred on or after 22nd June 2009. 3 Regulations 5 and 9 only apply in relation to any case concluded on or after 22nd June 2009. 4 For the purposes of this regulation, where work for a fee prescribed in Schedule 2 or 6 to the Civil Legal Aid (Scotland) (Fees) Regulations 1989 is conducted over more than one day, the work is deemed to have been done on the day it comes to an end. Amendment of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 3 The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended in accordance with the following regulations. 4 In regulation 5(2A) (which prescribes the value of one unit for the purposes of Schedule 6), for “£19.00” substitute “£21.00”. 5 In regulation 5(4) (which provides for an additional fee in specified circumstances), for “the Auditor” substitute “the Board, or as the case may be the Auditor,”. 6 In Schedule 2 (fees of solicitors for proceedings in the sheriff court)– a for paragraph 2 substitute– 2 Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:– a in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court; b in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons; c in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision; d unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of– i undefended actions for recovery of heritable property; ii actions under the Tenancy of Shops (Scotland) Act 1949 or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963 . 2A In Chapter III of the Table of Fees in this Schedule– “attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter; “half hour” shall be read as if immediately followed by the words “(or part thereof)”; “a page” consists of 125 words or numbers; and “a sheet” consists of 250 words or numbers. . b for Chapter III of the Table of Fees (which sets out solicitors' fees for summary cause proceedings), substitute the Schedule to these Regulations. 7 In Schedule 5 (detailed fees chargeable by solicitors), for £34.00, £17.00, £13.15, £6.50, £11.15, £7.50, £2.95 and £0.08 substitute £37.58, £18.79, £14.53, £7.18, £12.32, £8.29, £3.26 and £0.09 respectively. 8 In Chapter III of Schedule 6 (circumstances in which the Board may allow an additional fee)– a for paragraph 1 substitute– 1 That the assisted person’s inadequate knowledge of English– a required instructions to be taken through an interpreter; or b significantly increased the duration of meetings necessary to take instructions. ; b for paragraph 2 substitute– 2 That although able to attend at the solicitor’s office the assisted person suffered throughout or for a significant period of the case from– a a severe substance abuse problem; or b a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003 . ; and c in paragraph (a) of the Note on the application of Chapter III for “paragraph 5 or 6 above” substitute “paragraph 5, 6 or 7 above”. 9 In Schedule 7 (sheriff court proceedings for which fees are payable under Schedule 5)– a after “division and sale of heritable property;” insert “exceptional cases;”; and b at the end, insert– Interpretation 1 1 For the purposes of this Schedule an “exceptional case” means any case certified as such by the Board on the application of the solicitor involved. 2 The solicitor involved may apply to the Board not later than 4 months after the conclusion of a case to have it certified as an exceptional case. 3 The Board will certify a case as exceptional only if satisfied that– a the other party, or as the case may be at least one of the other parties, was a party litigant; b there were concurrent proceedings before a children’s hearing; c the solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement; or d payment in accordance with Schedule 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved– i unusual court procedure for which a fee is not otherwise prescribed; or ii a significantly greater volume of work than is usual for a case of that type. . KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 27th May 2009