https://www.slab.org.uk/faqs/subsumption-rules-dont-apply/
Regulation 7 of the Criminal Legal Assistance (Fees and Information etc.)(Scotland) Regulations 2008, provides that the restrictions on entitlement to payment in that regulation do not apply to separate payments in respect of advice and assistance provided to a person entitled to consult a solicitor under paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act.
Regulation 3 of the Criminal Legal Assistance (Duty Solicitors) (Scotland) Regulations 2011, provides that where we have arranged for a duty solicitor to be available to a person entitled to consult a solicitor under paragraph 16(6) of schedule 8 of the 2000 Act or paragraph 37(6) of schedule 3 of the 2019 Act, that person is not entitled to select a solicitor themselves, and the advice and assistance must only be provided by the duty solicitor provided.