A&A arrangements and fee tables updated

The Advice and Assistance (Scotland) Regulations 1996, are amended in several respects:

  • No client signature required - Regulation 4A excludes applications for advice and assistance in respect of detention under section 41 or schedule 7 of the 2000 Act and part 1 of schedule 3 of the 2019 Act from the requirement that the application be signed by the client or other person on their behalf;
  • Change of solicitor rules don’t apply - Regulation 14A provides that the requirements in the event of a change of solicitor set out in that regulation do not apply in respect of proceedings under paragraphs 29 or 36 of schedule 8 of the Terrorism Act 2000;
  • New fee tables – these mirror the fees payable in respect of police station advice and assistance under s32(2) or in respect of ABWOR under s 19, 30 or 36(1)(a) of the 2016 Act.
    • Schedule 3, Part V prescribes fees in respect of ABWOR proceedings under paragraphs 29 and 36 of Schedule 8 of the 2000 Act (Application for warrant of further detention and Application for extension of warrant of further detention); and
    • Schedule 3, Part VI prescribes fee in respect of advice and assistance for a person who is detained under section 41 or schedule 7 of the Terrorism Act 2000 or part 1 of schedule 3 of the 2019 Act.