The Civil Legal Aid (Scotland) (Fees) Regulations 1989

S.I. 1989 No. 1490 (S.119)

The Secretary of State, in exercise of the powers conferred upon him by sections 33 and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Civil Legal Aid (Scotland) (Fees) Regulations 1989 and shall come into force on 31 August 1989.

Interpretation

2. ^[1](1)    In these Regulations, unless the context otherwise requires –

“auditor” means –

(a) ^[2]in relation to proceedings in the Court of Session, Lands Valuation Appeal Court, House of Lords or Employment Appeal Tribunal, the Auditor of the Court of Session;

(b) in relation to proceedings in a sheriff court the auditor of that sheriff court;

(c) in relation to proceedings in the Scottish Land Court, the auditor of the Scottish Land Court;  and

(d) in relation to proceedings in the Lands Tribunal for Scotland either –

(i) the Auditor of the Court of Session, or

(ii) the auditor of a sheriff court agreed to by the parties or, failing agreement, the auditor of a sheriff court specified by that Tribunal;

^[3]“counsel” includes a solicitor-advocate, except in regulation 10(2) and Schedule 2;

^[4]“junior counsel” or “junior” includes a junior solicitor-advocate;

“outlays” does not include fees of counsel;

^[5]“right of audience” means, in relation to a solicitor, a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;

^[6]“senior counsel” or “senior” includes a senior solicitor-advocate except in paragraph (1A) below;  and

^[7]“solicitor-advocate” means a solicitor, whether instructed by another solicitor or not, when and only when he is exercising his right of audience or acting in connection with the exercise of such a right and “junior solicitor-advocate” and “senior solicitor-advocate” shall be construed in accordance with paragraph (1A) below;

^[8] and, unless the context otherwise requires, any reference in these Regulations to a solicitor shall not include a solicitor when acting as a solicitor-advocate.

(1A)^[9]    For the purposes of these Regulations, a solicitor-advocate shall be –

a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case in the House of Lords or where the Board has authorised the employment of senior counsel under regulation 21(1)(b) or (2) of the Civil Legal Aid (Scotland) Regulations 1987;  or

a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, irrespective of whether or not the Board has authorised the employment of senior counsel in the case.

(2)    In these Regulations, unless the context otherwise requires, any reference to proceedings in a court or tribunal includes any preparatory work done in connection with such proceedings, whether or not the proceedings were actually begun.

(3)    In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to one of these Regulations and any reference to a numbered Schedule is a reference to a Schedule to these Regulations.

 Fees and outlays regulated by these Regulations

3. (1)    These Regulations shall regulate the fees and outlays allowable to solicitors, and the fees allowable to counsel, from the Fund in respect of legal aid under the Legal Aid (Scotland) Act 1986, other than criminal legal aid, upon any taxation in accordance with regulation 12.

(2)^[10]  Subject to paragraphs (3)(b), (4) and (5), solicitors shall be paid fees and outlays, and counsel shall be paid fees, in accordance with regulations 4 to 12 of, and the Schedules to, these Regulations.

(3)^[11]  Where fees and outlays are recovered by virtue of an award of expenses in favour of a person who has received legal aid or of an agreement as to expenses in favour of such a person –

(a) accounts of such fees and outlays, where they are taxed, shall be taxed as if the work done for that person were not legal aid; and

(b) the Board may, subject to paragraphs (4) and (5), instead of making payment in accordance with paragraph (2), pay to the solicitor (and counsel as the case may be) who acted for that person, the amount of any fees and outlays so recovered.

(4) ^[12]  The Board shall only make payment in accordance with paragraph (3)(b) where –

(a) it receives a request for such payment from the solicitor who, at the conclusion of the proceedings, was acting for the person in receipt of legal aid; and

(b) that solicitor has consulted with any counsel who was acting for that person at the conclusion of the proceedings regarding that request

(5)^[13]The Board shall deduct from the sum payable in accordance with paragraph (3)(b) the amount of any payment made, or due to be made, by it to the solicitor or counsel referred to in paragraph (4), or to any other solicitor or counsel who previously acted for that person, in respect of those proceedings.

Fees and outlays allowable to solicitors

4.^[14]  Subject to the provisions of regulations 5 and 7 regarding the calculation of fees, regulations 6 and 7 regarding the calculation of outlays, and the provisions of regulation 8 regarding the submission of accounts, a solicitor shall be allowed such fees and outlays as are reasonable for conducting the proceedings in a proper manner, as between solicitor and client, third party paying.

5. (1)    A solicitor’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with either Schedule 1 or 3 but it shall not be competent to charge fees partly on the basis of Schedule 1 and partly on the basis of Schedule 3.

(2)

(a) Subject to sub-paragraphs (b) and (c) hereof a solicitor’s fees in relation to proceedings in the sheriff court shall be calculated in accordance with either Schedule 2 or 3 but it shall not be competent to charge fees partly on the basis of Schedule 2 and partly on the basis of Schedule 3;

(b) fees for work to which Chapters III or IV of Schedule 2 applies shall be chargeable only on the basis prescribed in those chapters;  and

(c) fees for sequestrations in bankruptcy (other than summary sequestrations) or proceedings under the Social Work (Scotland) Act 1968 shall be chargeable only on the basis of Schedule 3 and fees for summary sequestrations shall be chargeable only on the basis of 80 per cent of the fees in that Schedule.

(3)^[15]  A solicitor’s fees in relation to proceedings in the Judicial Committee of the Privy Council under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998, House of Lords, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the^[16]Child Support Commissioners or the Social Security Commissioners, shall be calculated in accordance with Schedule 3.

(4)    In all Court of Session proceedings a fee, additional to those set out in Schedules 1 or 3, may be allowed at the discretion of the Court to cover the responsibility undertaken by a solicitor in the conduct of the proceedings.  In the sheriff court, in proceedings of importance or requiring special preparation, the sheriff may allow a percentage increase in a cause on the Ordinary Roll, not exceeding 50 per cent, and in a cause on the Summary Cause Roll, not exceeding 100 per cent, of the fees authorised by Schedules 2 or 3 to cover the responsibility undertaken by the solicitor in the conduct of the proceedings.  The Court of Session in deciding whether to allow an additional fee and the Auditor in determining that fee or the sheriff in fixing the amount of a percentage fee increase shall take into account the following factors –

(a) the complexity of the proceedings and the number, difficulty or novelty of the questions involved;

(b) the skill, specialised knowledge and responsibility required of and the time and labour expended by the solicitor;

(c) the number and importance of the documents prepared or perused;

(d) the place and circumstances of the proceedings or in which the solicitor’s work of preparation for and conduct of it has been carried out;

(e) the importance of the proceedings or the subject matter thereof to the client;

(f) the amount or value of money or property involved;  and

(g) (g)^[17]the steps taken with a view to settling the proceedings, limiting the matters in dispute or limiting the scope of any hearing;  and

(h) (h)^[18]any other fees and allowances payable to the solicitor in respect of other items in the same proceedings and otherwise charged for in the account.

(5)    The Auditor of the Court of Session shall have power to increase or decrease any inclusive fee set out in Schedule 1 in any appropriate circumstances.

(6)    The auditor shall have the power to apportion any fees set out in Schedules 1 or 2 between solicitors in appropriate circumstances or to modify any such fees in the case of a solicitor acting for more than one party in the same proceedings or in the case of the same solicitor acting in more than one proceeding arising out of the same circumstances or in the event of the proceedings being settled or disposed of at a stage when the work covered by any inclusive fee has not been completed.

(7)    Where work done by a solicitor constitutes a supply of services in respect of which value-added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this regulation an amount equal to the amount of value-added tax chargeable.

6. A solicitor’s outlays shall include a charge in respect of posts and incidents of 12 per cent of the amount of the fees allowable to the solicitor in Schedules 1 and 2 (excluding any amount added in accordance with regulations 5(4) and (7).  In Schedule 3, without prejudice to any other claims for outlays, a solicitor shall not be allowed outlays representing posts and incidents.
7. Where any work is carried out in the preparation for or conduct of the proceedings and that work could more economically have been done by instructing a local solicitor, only such fees and outlays shall be allowed as would have been allowable if a local solicitor had been instructed, including reasonable fees for instructing and corresponding with him, unless it was reasonable in the interests of the client that the solicitor in charge of the proceedings, or a solicitor or clerk authorised by him, should attend personally.

Accounts in respect of solicitors’ fees and outlays

8. (1)    Subject to paragraph (2) below, accounts prepared in respect of fees and outlays allowable to solicitors shall be submitted to the Board not later than 6 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 later than the 6 months referred to in paragraph (1) if they consider that there is a special reason for late submission.

Fees allowable to counsel

9. Subject to the provisions of regulation 10 regarding calculation of fees, counsel may be allowed such fees as are reasonable for conducting the proceedings in a proper manner, as between solicitor and client, third party paying.

10. (1)    Counsel’s fees in relation to proceedings in the Court of Session shall be calculated in accordance with Schedule 4.

(2)^[19]  Counsel’s fees for any work in relation to proceedings in the sheriff court, Judicial Committee of the Privy Council, House of Lords, Employment Appeal Tribunal, Lands Valuation Appeal Court, Scottish Land Court or Lands Tribunal for Scotland, or before the ^[20]Child Support Commissioners or the Social Security Commissioners, shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

(2A)^[21]  The fees of a solicitor-advocate for any work in relation to proceedings in the House of Lords shall be 90 per cent of the amount of fees which would be allowed for that work on a taxation of expenses between solicitor and client, third party paying, if the work done were not legal aid.

(3)^[22]  Where work done by counsel constitutes a supply of services in respect of which value added tax is chargeable, there may be added to the amount of fees calculated in accordance with the foregoing paragraphs of this Regulation an amount equal to the amount of value added tax chargeable thereon.

Payments to account

11. (1)    A solicitor acting for, or counsel instructed on behalf of, a person receiving civil legal aid may prior to the completion of the proceedings for which the legal aid was granted submit a claim to the Board, in such form and complying with such terms and containing such information as the Board may require for assessment purposes, for payment of sums to account of his fees necessarily and reasonably incurred in connection with these proceedings.

(2)^[23]  A claim may be made under this Regulation only in relation to any case where –

(a) in the proceedings for which the civil legal aid was granted the number of days on which a diet of proof, debate or like hearing is held exceeds 20 days;  or

(b) a period of 2 years has elapsed since the date on which the Board gave notice in writing of the grant of civil legal aid

(3) ^[24]  A second or subsequent claim may be made under this Regulation –

(a) where the number of days on which a diet of proof, debate or like hearing is held exceeds 20 days in any period subsequent to that covered by the immediately preceding claim;

or

(b) where the period mentioned in paragraph 2(b) has elapsed, after an interval of not less than 12 months has elapsed since the immediately preceding claim was made.

(4) ^[25]  The amount of any payment in respect of a claim under this Regulation shall be 75 per cent of the fees that will become eligible for payment and earned during the period covered by the claim.

(5)    The making of a claim under this Regulation shall not be regarded as an account of expenses nor shall the claim affect in any way the provisions of regulation 8 above with regard to the submission and acceptance of accounts prepared in respect of fees and outlays allowable to solicitors.

(6)    Where payment has been made in accordance with the provisions of this Regulation but the payment made exceeds in the case of any solicitor acting for the assisted person the total fees and outlays allowable to that solicitor in respect of the legal aid or in the case of any counsel instructed on behalf of the assisted person the total fees allowable to that counsel in respect of the legal aid, the excess shall be repaid to the Fund by such solicitor or counsel as the case may be:

Provided that where by reason of a failure to comply with the requirements of regulation 8 above with regard to submission of an account of his fees and outlays the amount of the fees and outlays allowable to a solicitor to whom payment has been made under this Regulation cannot be ascertained, the Board may require such solicitor to repay to the Fund the whole amount paid under this Regulation or such part thereof which it is satisfied may have been overpaid to the solicitor.

Taxation of fees and outlays

12. (1)    If any question or dispute arises between the Board and a solicitor or counsel as to the amount of fees or outlays allowable to the solicitor, or as to the amount of fees allowable to counsel, from the Fund under these Regulations, other than regulation 11 above, the matter shall be referred for taxation by the auditor.

(2)    A reference to the auditor under paragraph (1) above may be at the instance of the solicitor concerned or, where the question or dispute affects the fees allowable to counsel, of the counsel concerned, or of the Board, and the auditor shall give reasonable notice of the diet of taxation to the solicitor or counsel as appropriate and to the Board.

(3)    The Board and any other party to a reference to the auditor under paragraph (1) above shall have the right to state written objections to the court in relation to the auditor’s report within 14 days of the issue of that report, and may be heard thereon;  and where the court is the Court of Session rule 349 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 shall apply to the determination of any such objections.

(4)    For the purposes of this Regulation the expression “the court” means –

in relation to any report of the Auditor of the Court of Session, the Court of Session;

in relation to any report of the auditor of a sheriff court, the sheriff;  and

in relation to any report of the Auditor of the Scottish Land Court, the Chairman of the Scottish Land Court.

Revocation

13. Without prejudice to their continuation in effect for the purposes of legal aid for work done prior to 31 August 1989 the following Regulations are hereby revoked: –

The Civil Legal Aid (Scotland) (Fees) Regulations 1987;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1987;

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1987;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1988;

The Civil Legal Aid (Scotland) (Fees) Amendment (No.2) Regulations 1988;

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1989.

Sanderson of Bowden

Minister of State,

Scottish Office

St Andrew’s House, Edinburgh

14 August 1989

The Tables of Fees for the payment of solicitors at Schedules 1 to 3 apply to proceedings where civil legal aid was made available before 1 October 2003.  On that date Schedules 5 to 7, introduced as part of civil legal aid reform, came into force and apply to grants of civil legal aid from 1 October 2003.

The following Schedules have been removed from our published legislation as being no longer relevant:

• Schedule 1
• Schedule 2, chapters I and II

Fees of solicitors for proceedings in the sheriff court

Regulation 5

2.[73]

Chapter III of the Table of Fees in this Schedule shall have effect subject to the following provisions:–

(a) in paragraph 2 of Part I and paragraph 7 of Part II, no fee is allowable for attendance at a continuation of the first calling, unless specifically authorised by the court;

(b) in Part I, in relation to actions for reparation there are allowable such additional fees for precognitions and reports as are necessary to permit the framing of the summons;

(c) in Part II, in respect of paragraph 22 (final procedure), no fee shall be allowed in respect of accounts of expenses when the hearing on the claim for expenses takes place immediately on the sheriff or sheriff principal announcing his decision;

(d) unless the sheriff, on an incidental application in that behalf, otherwise directs, all fees chargeable under Chapter III shall be reduced by 50% in respect of–

(i)             undefended actions for recovery of heritable property;

(ii)            actions under the Tenancy of Shops (Scotland) Act 1949(3) or section 3 of the Sheriff Courts (Civil Jurisdiction and Procedure) (Scotland) Act 1963(4).

2A.[74]

In Chapter III of the Table of Fees in this Schedule –

“attendance at court” means waiting for and conducting any hearing unless specifically provided for elsewhere in the Chapter;

“half hour” shall be read as if immediately followed by the words “(or part thereof)”;

“a page” consists of 125 words or numbers; and

“a sheet” consists of 250 words or numbers.

3. In this Schedule “process fee” means the fee set out in paragraph 17 of Chapter II of the Table of Fees in this Schedule.

TABLES OF FEES[75]

Chapter IV – Executry business

[77]FEES ALLOWABLE TO SOLICITORS FOR SIMPLE PROCEDURE CASES AND FIRST-TIER TRIBUNAL FOR SCOTLAND CASES[78]

Regulation 5

1. Fees shall be calculated in accordance with the Table of Fees in this Schedule.
2. In the Table of Fees –

(a)      a “sheet” shall consist of 250 words or numbers;

(b)      a “page” shall consist of 125 words or numbers.

3. The fees under paragraphs 1, 2 and 6 of the Table of Fees are payable on the basis of the total time engaged per day.

Table of Fees

Table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court[83]

Fees of counsel for proceedings in the Court of Session[86], sheriff appeal court, Sheriff Court and Upper Tribunal for Scotland.

Table of detailed fees chargeable by solicitors for proceedings in the Court of Session[121], sheriff appeal court and upper tribunal for scotland, proceedings listed at regulation 5(3) and proceedings in the sheriff court listed in schedule 7

[124] Calculation of fees for time at court and travelling

The fees under paragraphs 1, 2 and 5A of the table are payable on the basis of the total time engaged per day.

Interpretation

In this Table –

“court” means court or tribunal as the case may be;

a “sheet” shall consist of 250 words or numbers; [125]and

a “page” shall consist of 125 words or numbers; [126]

[127]

Table of fees chargeable by solicitors for proceedings in the sheriff court (except summary cause and executry proceedings and the proceedings listed in schedule 7) [128]and in the sheriff appeal court

Regulations 5 and 6

Chapter I

Sheriff court civil fees (undefended)

NOTE

As substituted by S.S.I. 2007 No.14 (in force from 10 February 2007), and amended by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009.

Chapter II
Sheriff court civil fees (defended)

Chapter III

Circumstances in which the Board may allow a fee additional to the fees prescribed in Chapter II

1. [164]That the assisted person’s inadequate knowledge of English–

(a)required instructions to be taken through an interpreter; or

(b)significantly increased the duration of meetings necessary to take instructions

2. [165]That although able to attend at the solicitor’s office the assisted person suffered throughout or for a significant period of the case from–

(a)a severe substance abuse problem; or

(b)a mental disorder within the meaning of section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003(5).

3. That the assisted person suffered from a physical disability which necessitated a significantly lengthier process than would normally have been encountered in the taking and obtaining of instructions.
4. That the assisted person was, for a significant period in relation to the overall duration of the case, unable to attend at the solicitor’s office by reason of disability, illness or imprisonment.
5. That the nature or circumstances of the case necessitated significant attendance to its progress outwith normal office hours.

5A.[166] That the assisted person or any other witness in the case is a vulnerable witness in terms of section 11 of the Vulnerable Witnesses (Scotland) Act 2004 and this has necessitated significant additional work in seeking, or opposing, or implementing a special measure for the taking of evidence from a vulnerable witness by virtue of sections 11, 12, 13 and 18(1)(a) and/or (b) of that Act.

6. That the law in relation to the matter at issue was particularly complex and involved an area of law with which a solicitor engaged in general court practice would be unlikely to be familiar.

7.[167] That the case raised unusually complex issues of fact, including detailed consideration of extensive documentary evidence.

Sheriff court proceedings for which fees for work done shall only be payable under schedule 5

Regulation 5

Adoptions;

conveyancing work required to implement an Order of the Court;

[171]division and sale of heritable property;

[172]exceptional cases

fatal accident inquiries;

minute procedure in a closed process;

[173]proceedings arising out of Part II of the Children (Scotland) Act 1995;

[174]proceedings under the 2011 Act, other than those subject to regulation 3(7) of these Regulations.

[175]proceedings arising under the Mortgage Rights (Scotland) Act 2001;

proceedings where the assisted person is a curator ad litem;

proceedings where the assisted person is a third party minuter;

work carried out under Regulation 18 of the Civil Legal Aid (Scotland) Regulations 2002 in a case which does not proceed to a grant of civil legal aid;

[176]work in connection with a motion for modification of expenses of the assisted person, drafting and submitting an account of expenses, or disputing (on receipt) an opponent’s account of expenses, including attendance at taxation and taking/opposing Notes of Objections, including taxations instructed by the Board;

[177]work in connection with letters of inhibition;

[178]work in connection with the registration and enforcement of a decree;

summary applications; and

[179]proceedings in an all-Scotland sheriff court within the meaning of section 42(7) of the Courts Reform (Scotland) Act 2014

[180]Interpretation

1.—(1) For the purposes of this Schedule an “exceptional case” means any case certified as such by the Board on the application of the solicitor involved.

(2) The solicitor involved may apply to the Board not later than 4 months after the conclusion of a case to have it certified as an exceptional case.

(3) The Board will certify a case as exceptional only if satisfied that –

(a)the other party, or as the case may be at least one of the other parties, was a party litigant;

(b)there were concurrent proceedings before a children’s hearing;

(c)the solicitor involved had to apply for a transfer of agency after the fixing of a diet of proof, debate or any other hearing fixed for the purposes of settlement; or

(d)payment in accordance with [181]Schedule 2A or Schedule 6 would not provide reasonable remuneration for the work actually, necessarily and reasonably done because the case involved–

(i)unusual court procedure for which a fee is not otherwise prescribed; or

(ii)a significantly greater volume of work than is usual for a case of that type.

[1] The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 2004 [S.S.I. 2004 No.281] (in force from 1 July 2004) apply the amendments contained in the Civil Legal Aid (Scotland) (Fees) Regulations 2003 [S.S.I. 2003 No.178] to ‘legal aid other than criminal legal aid’ effectively restating the regulations for civil and applying them, of new, to legal aid under Section 29 of the Act (Children’s Legal Aid).

[2] As amended by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date) to the extent of the insertion of “otherwise” in the introduction to paragraph (1).

[3] Inserted by S.S.I. No 144 (with effect from 24 June 2013)

[4] Reference to restrictive practices court removed by S.S.I. 2002 No. 496 (in force from 1 December 2002).  Reference to House of Lords removed by S.S.I. 312 (in force from 1 October 2009).

[5] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[6] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[7] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016).

[8] Substituted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[9] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007).  Substituted by S.S.I. 312 (in force from 1 October 2009).

[10] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[11] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[12] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).  Reference to Supreme Court substituted for reference to House of Lords and the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[13] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[14] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016).

[15] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[16] As substituted or inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[17] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[18] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.

[19] Substituted by S.S.I. 2013 No 144 (with effect from 24 June 2013) – additional paragraph inserted as “7” overleaf

[20] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.

[21] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) and applying only to proceedings in which fees and outlays have been recovered on or after 1 April 2011.

[22] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) making new arrangements whereby counsel can, independently from the instructing solicitor, opt to accept judicial expenses subject to certain criteria, again applying only to proceedings where fees and outlays are recovered on or after 1 April 2011.

[23] Regulation 3(2) was substituted, and Regulations 3(3), (4) and (5) inserted by S.S.I. 2002 No. 496 (in force from 1 December 2002) and provides a regulatory framework, for the first time, to what was known as the “extra statutory concession”.

[24] Amended by S.S.I. 2011 No. 160 (in force from 1 April 2011 and applying only to proceedings in which fees and outlays have been recovered on or after 1 April 2011) .

[25] Inserted by S.S.I. 2011 No. 160 (as above).

[26] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[27] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) by substituting “… actually, necessarily and reasonably…” for the previous reference to “reasonable”.  This brings the taxation standard more closely in line with that in advice and assistance and criminal legal aid.  It applies to all work done and outlays incurred after 1 October 2003 even where civil legal aid was granted before this date.

[28] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[29] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) which provides for Court of Session fees to be calculated under the new Schedule 5 rather than Schedule 1 or 3.  All Court of Session cases shall now be subject to an account drawn on a detailed basis.

[30] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[31] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[32] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[33] As substituted by S.S.I. 2003 No.178 (in force from 1 October 2003).  The various sub-paragraphs now make specific provision for the basis on which accounts shall be lodged depending on the nature of the proceedings.  Some procedures continue to be chargeable under Schedule 3.  A value is ascribed to the unit.  The fee for all work carried out in a case which is at any stage defended shall be calculated on the defended table:  a solicitor cannot lodge a defended and undefended account in the same case.  Provision is made for the Board, at its discretion, to allow a fee additional to those prescribed in Chapter II of Schedule 6 removing this discretion from the court.  Detailed fees are no longer subject to an uplift.

[34] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[35] Omitted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[36] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[37] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[38] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£21.63” for “£21.00”. This figure was previously amended by S.S.I. 2009 No.203 (in force from 22 June 2009) by substituting “£21” for “£19” (only applying to fees for work done or outlays incurred on or after 1 April 2008).

[39] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[40] Reference to “proceedings under the Children (Scotland) Act 1995” deleted by S.S.I. No. 281 (in force from 1 July 2004).

[41] As amended by S.I. 1999 No. 1042 (in force from 6 May 1999) to the extent of inserting “Judicial Committee of the Privy Council under paragraph 10, 12 or 13(b) of Schedule 6 to the Scotland Act 1998”.  Reference to Supreme Court substituted for reference to Judicial Committee of the Privy Council, and reference to House of Lords deleted, by S.S.I. 312 (in force from 1 October 2009).

[42] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[43] ”Child Support Commissioners” deleted, and “Upper Tribunal” substituted  by S.S.I. 2010 No. 166 (in force from 9 June 2010).

[44] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) to the extent of substituting “Schedule 5” for “Schedule 3”.

[45] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[46] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) to the extent of substituting “Schedule 5” for “Schedules 1 or 3”; and by adding the words “and not exceeding 50% of those fees”.

[47] As amended by S.S.I. 2003 No. 178 (in force from 1 October 2003) to the extent of omitting the words “in a cause on the Ordinary Roll, not exceeding 50% and…”.   The effect of this is to remove the discretion of the court in considering a percentage increase in fees in a civil legal aid case other than on the Summary Cause Roll.

[48] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[49] The words “the Auditor” deleted, and “the Board, or as the case may be the Auditor,” inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009) and only applying in relation to any case concluded on or after 22nd June 2009.

[50] Sub-paragraph (g) inserted, and in effect original sub-paragraph (g) re-numbered (h), by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) all work in respect of which legal aid is made available was done on or after 5 May 1994 and (b) the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994).

[51] Sub-paragraph (g) inserted, and in effect original sub-paragraph (g) re-numbered (h), by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) all work in respect of which legal aid is made available was done on or after 5 May 1994 and (b) the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994).

[52] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003) by substituting “Schedules 1, 2 or 6” for “Schedules 1 or 2”.

[53] As amended by S.S.I. 2003 No.178 (in force from 1 October 2003)” to the extent of substituting “Schedule 5 or 6” for “Schedule 3”.

[54] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016).

[55] Substituted by S.S.I 2011. No. 160 (in force from 1 April 2011.and applying only to proceedings in which the date of completion of the proceedings is on or after 1 April 2011).  The new provisions reduce the period for a solicitor to lodge an account with the Board from 6 months to 4 months and, for the first time, extends a time limit to the lodging of counsel’s fees.  A discretion remains to be exercised by the Board in both instances.

[56] Substituted by S.S.I. 2011 No. 160 (in force from 1 April 2011) but only in relation to work done and outlays incurred on or after 1 April 2011).  This provision removes the former basis or standard of taxation bringing it into line with the civil standard for solicitors.

[57] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[58] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[59] Inserted by S.S.I. 2011 No. 160 (in force from 1 April 2011) but only in relation to work done and outlays incurred on or after 1 April 2011.  For the first time, counsel shall be remunerated in the sheriff court by reference to a prescribed Table of Fees.

[60]Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[61] As amended by S.I. 1999 No. 1042 (in force from 6 May 1999) to the extent of inserting “Judicial Committee of the Privy Council”.  Reference to Supreme Court substituted for reference to House of Lords and the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[62] As amended by S.S.I. 2011 No. 160 (in force from 1 April 2011) removing reference to the sheriff court.

[63] “Child Support Commissioners deleted, and “Upper Tribunal” substituted, by S.S.I. 2010 No. 166 (in force from 9 June 2010).

[64] Inserted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).  Reference to Supreme Court substituted for reference to House of Lords or the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[65] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[66] Inserted by S.I. 1990 No. 473 (in force from 1 April 1990) and as amended by S.I. 1991 No. 565 (in force from 1 April 1991) to the extent of the insertion of “thereon” at the end of the paragraph.

[67] Substituted by S.S.I. 2011 No.160 (in force from 1 April 2011) and, insofar as relating to payments to counsel, these more relaxed provisions apply only in relation to fees for work carried out after 1 April 2011 .

[68] Substituted by S.S.I. 2011 No.160 (in force from 1 April 2011)

[69] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007)

[70] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[71] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[72] Inserted by S.S.I. 2007 No. 181 (in force from 29 March 2007).  Reference to Supreme Court substituted for reference to the Judicial Committee of the Privy Council by S.S.I. 312 (in force from 1 October 2009).

[73] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 1st April 2008).

[74] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 1st April 2008).

[75] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995 in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

In relation to any such case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994, reference should be made to S.I. 1994 No. 1015 for fees for work done on or after 5 May 1994.

[76] Omitted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[77] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)

[78] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[79] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[80] Substituted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[81] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[82] Inserted by S.S.I. 2016 No. 317 (in force from 28 November 2016)

[83] As substituted by S.I. 1995 No.  1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995);  and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

Reference should be made to S.I. 1992 No. 372 for fees for work done on or after 1 April 1992; S.I. 1991 No. 565 for fees for work done on or after 1 April 1991;  S.I. 1990 No. 1036 for fees for work done on or after 1 June 1990;  and to S.I. 1989 No. 1490 for fees for work done on or after 31 August 1989.

[84] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[85] As substituted by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

[86] Amended by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[87] As substituted by S.I. 1994 No. 1015 (in force from 5 May 1994 and applying in this instance only in relation to any case where (a) legal aid is made available on or after 5 May 1994 and (b) all work in respect of which legal aid is made available was done on or after that date).

[88] As substituted by S.I. 1995 No. 1044 and applying only to fees for work done on or after 5 May 1995.

Reference should be made to S.I. 1992 No. 372 for fees for work done on or after 1 April 1992; S.I. 1991 No. 565 for fees for work done on or after 1 April 1991;  S.I. 1990 No. 473 for fees for work done on or after 1 April 1990;  and to S.I. 1989 No. 1490 for fees for work done on or after 31 August 1989.

[89] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[90] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[91] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[92] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[93] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[94] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[95] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[96] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[97] In terms of regulation 2(5) of S.S.I. 2015 No. 337 the amendments made to Chapter 3 above do not apply in the case of petitions for judicial review lodged before 22 September 2015

[98] Substituted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)

[99] Substituted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)

[100] Inserted by S.S.I. 2015 No. 337 (with effect from 22 September 2015)

[101] Inserted by S.S.I. No 144 (with effect from 24 June 2013

[102] Inserted by S.S.I. No 144 (with effect from 24 June 2013

[103] Amended by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[104] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[105] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[106] Inserted by S.S.I. 2017 No. 310 (in force from 1 December 2017)

[107] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[108] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[109] Inserted by S.S.I. 2013 No 144 (with effect from 24 June 2013)

[110] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[111] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[112] Substituted by S.S.I. No. 380 (in force from 1 January 2016)

[113] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[114] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[115] Inserted by S.S.I. No. 337 (with effect from 22 September 2015)

[116] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[117] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[118] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[119] Inserted by S.S.I. No 144  (with effect from 24 June 2013

[120] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[121] Inserted by S.S.I. 2016 No. 257 (in force from 1 December 2016)

[122] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[123] Substituted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[124] Inserted by S.S.I. 2014  No. 257 (in force from 10 November 2014)

[125] Inserted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[126] Inserted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[127] Deleted by S.S.I. 2013 No. 250 (in force from 31 October 2013)

[128] Inserted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[129] Inserted by S.S.I. 2011 No. 41 (in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[130] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£7.49” for “£7.27”. All fees increased by 3% from this date.

[131] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[132] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[133] Substituted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[134] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[135] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[136] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[137] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[138] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007)

[139] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007)

[140] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[141] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[142] Deleted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[143] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[144] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).  Rule 19, in its original form states: “The fee under paragraph 6 is payable on the total time engaged, even if on different occasions and is payable cumulatively between waiting and conduct time. The actual time over the proceedings incurred in waiting and conduct of hearings shall be added together and rounded up to the nearest 15 minutes.”  This continues to have effect in relation to the waiting for and attending at the conduct of any hearing referred to in paragraphs 5(a) to (e) of the table of fees where the hearing was held before 10 February 2007.

[145] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[146] As amended by S.S.I 2019 No.78 (only applying to fees for work done or outlays incurred on or after 26 April 2019) by substituting “£7.49” for “£7.27”. All fees increased by 3% from this date. Provision originally inserted by S.S.I. 2011 No. 41 (“Solicitors’ Travel Fees” in force on 28 February 2011 and applying only in respect of travel commenced on or after this date)

[147] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[148] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[149] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[150] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).  Rule 19, in its original form states: “The fee under paragraph 6 is payable on the total time engaged, even if on different occasions and is payable cumulatively between waiting and conduct time. The actual time over the proceedings incurred in waiting and conduct of hearings shall be added together and rounded up to the nearest 15 minutes.”  This continues to have effect in relation to the waiting for and attending at the conduct of any hering referred to in paragraphs 5(a) to (e) of the table of fees where the hearing was held before 10 February 2007.

[151] As substituted by S.I. 1995 No. 1044 (in force from 5 May 1995 and applying only to fees for work done on or after 5 May 1995 in relation to any case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994); and as amended by S.I. 1997 No. 689 (in force from 1 April 1997 and applying only to fees for work done on or after 1 April 1997).

In relation to any such case where the cause or action in respect of which legal aid is made available was commenced on or after 1 January 1994, reference should be made to S.I. 1994 No. 1015 for fees for work done on or after 5 May 1994.

[152] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[153] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[154] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[155] Substituted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[156] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[157] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[158] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[159] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[160] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[161] Deleted by S.S.I. 2007 No. 14 (in force from 10 February 2007).  Paragraph 5(c) originally read

(c)   Preparation for Child Welfare Hearing – Fee to cover all work preparing for Child Welfare Hearing. 4

[162] Substituted by S.S.I. 2015 No. 380 (in force from 1 January 2016)

[163] As amended by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[164] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009)

[165] Substituted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009)

[166] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[167] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[168] Amended by S.S.I. 2007 No. 438 (in force from 1 November 2007) and further amended, to the extent of adding a reference to paragraph 7, by S.S.I. 2009 No. 203 (in force from 22 June 2009, and applying to fees for work done or outlays incurred on or after 22 June 2009).

[169] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007) and amended by S.S.I. 2007 No. 438 (in force from 1 November 2007)..

[170] Inserted by S.S.I. 2007 No. 438 (in force from 1 November 2007).

[171] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[172] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and only applying in relation to any case concluded on or after 22 June 2009)

[173] Inserted by S.S.I. 2004 No. 281 (in force from 1 July 2004)

[174] Inserted by S.S.I. 2013 No 144 (in force from 24 June 2013)

[175] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[176] Amended by S.S.I. 2007 No. 14 (in force from 10 February 2007), adding reference to work in connection with modification of expenses of the assisted person.

[177] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[178] Inserted by S.S.I. 2007 No. 14 (in force from 10 February 2007).

[179] Inserted by S.S.I. 2015 No. 337 (in force from 22 September 2015)

[180] Inserted by S.S.I. 2009 No. 203 (in force from 22 June 2009, and only applying in relation to any case concluded on or after 22 June 2009)

[181] Inserted by S.S.I. 2016 No. 290 (in force from 28 November 2016)