Legal Aid And Advice Citation and commencement 1 These Regulations may be cited as the Advice and Assistance (Summary Criminal Proceedings) (Miscellaneous Amendment) (Scotland) Regulations 2022 and come into force on 4 November 2022. Amendments to the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 2 In regulation 3(c) (financial limit) of the Advice and Assistance (Financial Limit) (Scotland) Regulations 1993 after sub-paragraph (ii) insert— iia where the advice and assistance relates to a criminal matter for which an inclusive fee under regulation 17(1B) of the Advice and Assistance (Scotland) Regulations 1996 is payable, in respect of each client, the sum of £600; . Amendment of the Advice and Assistance (Scotland) Regulations 1996 3 In regulation 17 (fees and outlays of solicitors) of the Advice and Assistance (Scotland) Regulations 1996 — a for sub-paragraph (a) of paragraph (1) substitute— a fees for work actually, necessarily and reasonably done in connection with the matter upon which advice and assistance was given, due regard being had to economy, calculated— i in the case of assistance by way of representation, in accordance with the table of fees in Part I of schedule 3; and ii in any other case, in accordance with the table of fees in Part II of schedule 3; and , b after paragraph (1A) insert— 1B An inclusive fee of £550.76 is payable, subject to paragraph (1C), instead of any fee that would otherwise be payable under paragraph (1)(a)(ii) where— a one solicitor represents a client and— i the solicitor was appointed by the client; ii a decision has been made to prosecute the matter in respect of which the solicitor has been appointed in the sheriff court; iii the solicitor has submitted a letter of engagement to the procurator fiscal; iv a copy of the complaint has been issued to the solicitor by the procurator fiscal; and v the case is resolved and concluded prior to proceedings commencing; b one solicitor represents two or more clients in the same case and the requirements in heads (i) to (v) of sub-paragraph (a) are met in respect of each of those clients; c more than one solicitor acts for a client in the same case and— i each solicitor was appointed by the client; ii a decision has been made to prosecute the matter in respect of which each solicitor has been appointed in the sheriff court; iii each of the solicitors has submitted a letter of engagement to the procurator fiscal; iv a copy of the complaint has been issued to each of the solicitors by the procurator fiscal; and v the case is resolved and concluded prior to proceedings commencing. 1C Where an inclusive fee is payable under paragraph (1B) in the circumstances where— a sub-paragraph (b) applies, the solicitor is to be paid— i 100% of the inclusive fee in respect of the first client; ii 40% of the inclusive fee in respect of a second client; and iii 20% of the inclusive fee in respect of each subsequent client; b sub-paragraph (c) applies, each solicitor is to be paid an equal share of the total amount payable. Amendment of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 4 In regulation 6 (summary criminal proceedings) of the Advice and Assistance (Assistance by Way of Representation) (Scotland) Regulations 2003 for sub-paragraph (c) of paragraph (1) substitute— c in relation to any diet (including ancillary work prior to that diet) in a case in which no plea has previously been tendered, where— i at the diet a plea of guilty to the charges against the accused is tendered, or a plea of guilty to part thereof which partial plea is accepted by the prosecutor, and thereafter until the case has been finally disposed of; ii at the diet the prosecutor accepts a plea of not guilty to the charges to the effect that the case is then concluded; or iii prior to calling the case at that diet the prosecutor accepts a plea of not guilty to the charges or otherwise makes a final determination that the case is not to proceed whether at that time or thereafter, and does not call the case at that diet; . ASH REGAN Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 4th October 2022