Legal Aid And Advice Citation and commencement 1 These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2011 and come into force on 1st April 2011. Application 2 These Regulations apply— a as regards regulation 4, only in relation to proceedings in which fees and outlays have been recovered on or after the coming into force of these Regulations; b as regards regulation 5, only in relation to proceedings in which the date of completion of the proceedings is on or after the coming into force of these Regulations; and c as regards regulations 6, 7 and 9, only in relation to work done and outlays incurred on or after the coming into force of 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 regulations 4 to 9. 4 In regulation 3 (Fees and outlays regulated by these Regulations)— a in paragraph (2) for “paragraphs (3)(b), (4) and (5)” substitute “paragraph 3(b) and paragraphs (4) to (6)”; b for paragraph (3)(b) substitute— b the Board may, at the request of the solicitor or any counsel acting for the person in receipt of legal aid at the conclusion of the proceedings, and subject to paragraphs (4) to (6), instead of making payment to that solicitor (or counsel as the case may be) in accordance with paragraph (2), pay to the solicitor (or counsel as the case may be) the amount of any fees and outlays so recovered. ; c for paragraph (4) substitute— 4 Where the Board agrees to a request from the solicitor for payment in accordance with paragraph (3)(b), the Board shall also make payment in accordance with paragraph (3)(b) to any counsel entitled to request such payment. 4A Where counsel requests payment in accordance with paragraph (3)(b) in a case where the solicitor last acting requests payment in accordance with paragraph (2)— a the solicitor’s fees and outlays shall be paid in accordance with paragraph (2); b the Board shall determine as accurately as is reasonable what part of the fees and outlays recovered represents fees payable to any counsel; c the solicitor and counsel shall supply the Board with such information as the Board may require for the purpose of determining the sum referred to in paragraph (b); d subject to paragraph (5), the Board may make payment to counsel of the sum determined in accordance with sub-paragraph (b) if satisfied that it is reasonable to do so having regard to all the circumstances including— i the respective roles of counsel and any counsel previously acting for the person in receipt of legal aid; ii any sums paid or due to be paid to any counsel previously acting for the person in receipt of legal aid; iii the sum that would be paid to counsel in accordance with paragraph (2); and iv any resultant cost to the fund or to the person in receipt of legal aid. ; d in paragraph (5) for “paragraph (4)” substitute, “that paragraph”; and e after paragraph (5) insert— 6 Where a payment is made to counsel in accordance with paragraph (3)(b) no counsel who previously acted for the person in receipt of legal aid in those proceedings may refer to the auditor any question or dispute as to the amount of fees allowable in the proceedings. . 5 For regulation 8 (accounts in respect of solicitors’ fees and outlays) substitute— 8 1 Subject to paragraph (2) below, accounts prepared in respect of fees and outlays allowable to solicitors and fees allowable to counsel shall be submitted to the Board no later than 4 months after the date of completion of the proceedings in respect of which that legal aid was granted. 2 The Board may accept accounts submitted in respect of fees and outlays allowable to solicitors and fees allowable to counsel later than the 4 months referred to in paragraph (1) if it considers that there is a special reason for the late submission. . 6 For regulation 9 (fees allowable to counsel) substitute— 9 Subject to the provisions of regulation 8 regarding the submission of accounts, and the provisions of regulation 10 regarding the calculation of fees, the fees allowable to counsel shall be fees for such work as shall be determined by the Board to have been actually and reasonably done, due regard being had to economy. . 7 In regulation 10 (fees allowable to counsel)— a in paragraph (1) after “Court of Session” insert “and sheriff court”; and b in paragraph (2) omit “sheriff court,”. 8 1 In regulation 11, for paragraphs (2), (3) and (4) substitute— 2 A claim by counsel under this regulation may be made only in relation to any case where— a a period of no less than 6 months has elapsed since the date on which the Board gave notice in writing of the grant of civil legal aid; b an interval of no less than 6 months has elapsed since the immediately preceding claim was made; or c counsel reasonably anticipates not receiving further instructions in the proceedings. 3 The amount of any payment in respect of a claim by counsel under this regulation in relation to proceedings referred to in regulation 10(2) and (2A) shall be limited to 75% of the fees that will become eligible for payment and earned during the period covered by the claim. 4 When assessing the fee payable to a solicitor in respect of legal aid the Board may have regard to any payment, or payments, made to account under advice and assistance in relation to the same matter and, where the work in respect of which such payment, or payments, is made might reasonably have been carried out under legal aid, it may reduce the amount of the fee payable accordingly. . 2 In so far as relating to payments to counsel, paragraph (1) applies only in relation to fees for work carried out after the coming into force of these Regulations. 9 For Schedule 4 (fees of counsel for proceedings in the Court of Session) substitute the Schedule set out in the Schedule to these Regulations. Revocation 10 Regulation 10 of the Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2003 is revoked. KENNY MACASKILL A member of the Scottish Executive St Andrew’s House, Edinburgh 24th February 2011