LEGAL AID AND ADVICE Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2007 and shall come into force on 10th February 2007. Application 2 1 Subject to paragraph (2), these Regulations shall apply only to fees for work done and outlays incurred on or after 10th February 2007. 2 In relation to proceedings commenced, and not concluded, before 10th February 2007, where on that date work for which a fee is payable under Chapter III of Schedule 2 or Chapter I or II of Schedule 6 to the Civil Legal Aid (Scotland) (Fees) Regulations 1989 has not come to an end then the fee for that work shall be in accordance with these Regulations. 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(2D) , for “40” substitute “50”. 5 In the Table of Fees in Chapter III of Schedule 2– a in Part I– i in paragraph 1, for “£44.20” substitute “£53.50”; ii in paragraph 2, for “£5.05” and “£14.20” substitute “£6.10” and “£17.20” respectively; and iii in paragraph 3, for “£14.20” substitute “£17.20”; and b in Part II– i in paragraph 1, for “£60.70” substitute “£73.45”; ii in paragraph 2, for “£5.05”, “£10.80”, “£5.05” and “£15.80” substitute “£6.10”, “£13.05”, “£6.10” and “£19.10” respectively; iii in paragraph 3, for “£15.80” substitute “£19.10”; iv in paragraph 4, for “£54.80” substitute “£66.30”; v in paragraph 5, for “£27.40” substitute “£33.15”; vi in paragraph 6, for “£23.40” and “£10.80” substitute “£28.30” and “£13.05” respectively; vii in paragraph 7, for “£23.40” and “£10.80” substitute “£28.30” and “£13.05” respectively; viii in paragraph 8, for “£33.30” and “£20.00” substitute “£40.30” and “£24.20” respectively; ix in paragraph 9, for “£27.40” and “£15.80” substitute “£33.15” and “£19.10” respectively; x in paragraph 10, for “£15.80” and “£8.40” substitute “£19.10” and “£10.15” respectively; xi in paragraph 11, for “£33.30”, “£23.40”, “£23.40” and “£54.80” substitute “£40.30”, “£28.30”, “£28.30” and “£66.30” respectively; xii in paragraph 12, for “£27.40”, “£25.00”, “£15.80” and “£10.80” substitute “£33.15”, “£30.25”, “£19.10” and “£13.05” respectively; xiii in paragraph 13, for “£33.30”, “£20.00”, “£27.40”, “£15.80”, “£15.80”, “£10.80”, “£15.00” and “£10.00” substitute “£40.30”, “£24.20”, “£33.15”, “£19.10”, “£19.10”, “£13.05”, “£18.15” and “£12.10” respectively; xiv in paragraph 14, for “£10.80” substitute “£13.05”; xv in paragraph 15, for “£74.90” and “£15.80” substitute “£90.65” and “£19.10” respectively; and xvi in paragraph 16, for “£33.30”, “£33.30” and “£15.80” substitute “£40.30”, “£40.30” and “£19.10” respectively. 6 For Chapter I of Schedule 6 substitute the Schedule to these Regulations. 7 In Chapter II of Schedule 6– a in paragraph 7– i for “either paragraph 2(a) or paragraph 2(b); both fees” substitute “paragraph 2(a)(i), (ii) or (iii); more than one fee”; and ii for “paragraph 2(b)”, where it second occurs, substitute “paragraph 2(a)(ii)”; b after paragraph 7, insert– 7A The fee under paragraph 2(a)(iii) is payable only where– a no settlement is achieved but an outcome or disposal is reached and the solicitor can demonstrate that an exercise of sustained negotiation involving a significant level of discussion between the solicitor, the client and, as the case may be, the opponent (or the opponent’s agent) took place; b the Board is satisfied that all the additional work carried out by the solicitor was reasonable and necessary in all the circumstances of the case; and c the work is clearly documented on the file and may be perused by the Board as required. ; c in paragraph 8– i before “Auditor” insert “Board or, as the case may be, the”; and ii for “paragraph 2(b)” substitute “paragraph 2(a)(ii) or (iii)”; d in paragraph 9, after “any continued hearing” insert “including a hearing under Rule 18.3 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 ”; e after paragraph 14, insert– 14A The fee under paragraph 4(k) in contentious contact dispute cases is payable only where the additional work is necessary as a result of a material issue and not due to one party’s refusal to resolve any contact issue. 14B The fee under paragraph 4(k) is payable in respect of each of the circumstances specified in that sub-paragraph. ; f omit paragraph 17; g for paragraph 19, substitute– 19 The fee under paragraph 6 is payable on the total time engaged per day and is payable cumulatively between waiting and conduct time, rounded up to the nearest 15 minutes. The fee is payable– a from the time appointed by the court for the hearing; or b from the conclusion of any other business (including non legal aid cases) ending prior to the hearing, whichever is the shorter. ; h in paragraph 21– i for “Excess travel time, in addition to the fees payable under this chapter,”, substitute “In addition to the fees payable under this chapter, travel time”; ii in paragraph (b), for “was” substitute “is”; iii in paragraph (c), omit “(and no travel time shall be payable in respect of the first 10 miles travelled in each direction)”; iv in paragraph (d), for “between” substitute “among”; and v at the end, for “; and” substitute “.”; and i for paragraph 24, substitute– 24 Unless otherwise prescribed no fee is allowable unless the work for which the fee is payable has been completed in its entirety. . 8 In the Table of Fees in Chapter II of Schedule 6– a in paragraph 1– i for sub-paragraph (a), substitute– a To cover all work from the taking of instructions to the conclusion of proceedings where no fee is payable under paragraph (b). 10 ; ii for sub-paragraph (b), substitute– b To cover all work from the taking of instructions to– i commence proceedings until the lodging of a Notice of Intention to Defend or the first appearance of the defender; or ii to defend proceedings until the date appointed for the lodging of defences, the making of an order dispensing with written defences, the first appearance of the defender or the issue of the usual procedural timetable (except as specifically provided below). 20 ; b for paragraph 2 substitute– 2 Progress Fees– a i To cover all additional work (including adjustment and attendance at Options Hearing) from the conclusion of the work in Paragraph 1 until the allowance of a Proof or Debate or other court hearing fixed for the purpose of settlement (except as specifically provided below); 19 ii To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents and resulting, prior to the allowance of a Proof, Debate, or other court hearing fixed for the purpose of settlement, in the negotiated settlement of the action (except as specifically provided below); or 19 iii To cover all additional work (e.g. negotiation, discussion, voluntary disclosure and all meetings and correspondence) involving the active participation of agents where, prior to the allowance of a Proof or Debate, or other court hearing fixed for the purpose of settlement, an outcome or disposal is effected (subject to a maximum charge of 10 units) (except as specifically provided below); 10 b Fee to cover all work for the preparation and attendance at any Continued Options Hearing including the preparation of an amended Record. 2 ; c in paragraph 4– i in sub-paragraph (i) after “invoked” insert “in terms of Chapter 10 of the Ordinary Cause Rules in Schedule 1 to the Sheriff Courts (Scotland) Act 1907”; and ii at the end, insert– k Additional fee where the action involves– i a complex financial dispute leading to protracted negotiations; ii a complex pension sharing arrangement; or iii a contentious contact dispute. 4 l Peremptory diet – fee to cover all work in connection with a peremptory diet (excluding attendance at court). 3 ; d in paragraph 5– i for “(a) Preparation for proof fee ” substitute “(a) Preparation for proof or evidential child welfare hearing ”; ii in sub-paragraph (a)(i) and (ii) after “proof”, insert “or evidential child welfare hearing”; iii in sub-paragraph (a)(iii) for “lead” substitute “led”; iv after sub-paragraph (a), insert– aa Preparation for Child Welfare Hearing i Fee to cover all work preparing for first hearing. 6 ii Fee to cover all work preparing for each subsequent hearing. 3 ; v omit sub-paragraph (c); and e in paragraph 6 for “referred to in paragraphs 5(a) to (e) above” substitute “not otherwise prescribed”. 9 In Chapter III of Schedule 6– a after paragraph 6, insert– 7 That the case raised unusually complex issues of fact, including detailed consideration of extensive documentary evidence. ; and b at the end, insert– c An uplift may not be granted on ground 7 above where a fee under paragraph 4(k) of the table of fees in Chapter II of Schedule 6 is claimed. . 10 In Schedule 7– a at the appropriate places, insert– division and sale of heritable property; ; proceedings arising under the Mortgage Rights (Scotland) Act 2001 ; ; work in connection with the registration and enforcement of a decree; ; and work in connection with letters of inhibition; ; and b before “drafting and submitting an account of expenses,” insert “a motion for modification of expenses of the assisted person,”. Saving 11 Notwithstanding commencement of regulation 7(g), in relation to proceedings commenced and not concluded before 10th February 2007, Rule 19 of Chapter II of Schedule 6 to the Civil Legal Aid (Scotland) (Fees) Regulations 1989 shall continue to have effect on or after that date as it had effect immediately before that date in relation to the waiting for and attending at the conduct of any hearing referred to in paragraphs 5(a) to (e) of the table of fees in that chapter of Schedule 6 which hearing was held before 10th February 2007. JOHANN M LAMONT Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 18th January 2007