Subsumption of fees and outlays under advice and assistance (and ABWOR)
The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on 29 April 2023. This Guidance item was not affected but a copy has been placed with related guidance in the archive section for the regulations in force prior to 29 April 2023.
All fees and outlays incurred under A&A (or ABWOR) are subsumed within any fixed payment ABWOR or criminal legal aid, under the single payment arrangements.
Exception for third party outlays
The exception to the rule is an outlay payable to a third party, for example:
a medical report
costs incurred in employing an interpreter/translator etc.
These costs are always chargeable in addition to the fixed payment(s) where properly incurred.
The cost of travel incurred as an outlay under advice and assistance, for example whether mileage or the cost of fares incurred in connection with travel, is not separately chargeable in addition to a claim under any fixed payment ABWOR or criminal legal aid (or ABWOR under fixed payment legal aid) unless in connection with certain types of work and which is not subsumed under the single payment arrangements.