Legal Aid And Advice Citation, commencement and application 1 These Regulations may be cited as the Criminal Legal Aid (Fixed Payments and Assistance by Way of Representation) (Scotland) (Miscellaneous Amendments) Regulations 2014 and come into force the day after the day on which they are made. 2 These Regulations apply only in respect of proceedings commenced on or after the day on which they come into force. 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 In regulation 2(1) (interpretation), in the definition of “diet of deferred sentence” for the words from “sections 201” to the end of the definition substitute “section 201 (power of court to adjourn case before sentence), section 202 (deferred sentence) or section 203 (reports) of the 1995 Act;”. 5 For regulation 4(3)(b) (fixed payments allowable to solicitors) substitute— b proceedings under section 22, 22ZA(1)(a), 27(1)(a), 28 or 150(8) of the 1995 Act arising out of the complaint or complaints referred to in sub-paragraph (a). . 6 For regulation 4(5A)(b) substitute— b a guilty plea is tendered to a charge libelled in any of the complaints at the first diet at which the assisted person was called upon to plead, resulting in the disposal of the case, . 7 For regulation 4(5B) substitute— 5B The amount payable under paragraph 1 of Part 1 of Schedule 1 or, as the case may be, 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 in accordance with regulation 7(1) of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011; b tendered a plea of not guilty to any charge libelled in a complaint at the first diet at which the assisted person was called upon to plead; and c before the commencement of the trial tendered a plea of guilty to that charge or any other charge in that complaint resulting in the disposal of the case. . 8 In regulation 4A(1) (exceptional cases), after “Schedule 1” insert “, Schedule 1A”. 9 1 Part 1 of Schedule 1 is amended as follows. 2 In the headings to the second and third columns— a for “District Court” in each case substitute “JP court”; and b for “set down to proceed” in each case substitute “marked for prosecution”. 3 In paragraph 2— a after “section” insert “22ZA(1)(b), 22ZB or”; b in the second column (proceedings in the district court), for “£157.50” substitute “£147.50”; c in the third column (proceedings before a Stipendiary Magistrate or in the sheriff court), for “£257.50” substitute “£195.00 in relation to proceedings before a Stipendiary Magistrate; £242.50 in relation to proceedings in the sheriff court”; and d in the fourth column (proceedings in the sheriff court) for “£257.50” substitute “£242.50”. 4 In paragraph 10ZA, after “deferred sentence hearing”, insert “other than where a fee is payable by virtue of paragraph 1(iiia) in respect of a first or second diet of deferred sentence”. 10 1 Schedule 1A is amended as follows. 2 In the heading to the second column, for “set down to proceed” substitute “marked for prosecution”. 3 In paragraph 2— a after “section” insert “22ZA(1)(b), 22ZB or”; b in the second column (proceedings before a Stipendiary Magistrate or in the sheriff court) for “£257.50” substitute “£195.00 in relation to proceedings before a Stipendiary Magistrate; £242.50 in relation to proceedings in the sheriff court”; and c in the third column (proceedings in the sheriff court) for “£257.50” substitute “£242.50”. 11 1 Part 1 of Schedule 1B is amended as follows. 2 In the headings to the second and third columns, for “set down to proceed” in each case substitute “marked for prosecution”. 3 In paragraph 1 after “8” insert “, 8A”. 4 In paragraph 2(c), after “1995 Act” insert “(including preparation for such a diet where the diet has not subsequently taken place)”. 5 In paragraph 3— a after “section” insert “22ZA(1)(b), 22ZB or”; b in the third column (proceedings before a Stipendiary Magistrate or in the sheriff court) for “£257.50” substitute “£195.00 in relation to proceedings before a Stipendiary Magistrate; £242.50 in relation to proceedings in the sheriff court”. 6 In paragraphs 4 to 7, 12 and 13, omit the fees shown in the third column (proceedings before a Stipendiary Magistrate or in the sheriff court). 7 In paragraph 8A, after “deferred sentence hearing” insert “, other than where a fee is payable by virtue of paragraph 1(c) in respect of a first or second diet of deferred sentence”. Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 12 In the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 , in regulation 6(1)(ba) (summary criminal proceedings), for “at any diet” substitute “in relation to any diet”. MICHAEL MATHESON A member of the Scottish Government St Andrew’s House, Edinburgh 16th December 2014