The Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992

S.I. 1992 No. 1228 (S.122)

Made: 13th May 1992
Laid before Parliament: 5th June 1992
Coming into force: 1st July 1992

 

As amended to take account of:

The Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Amendment Regulations 1994 [S.I. 1994 No. 1018 (S.50)] – (5 May 1994); 

The Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Amendment Regulations 1997 [S.I. 1997 No. 718 (S.61)] – (1st April 1997);

The Legal Aid (Supreme Court) (Scotland) Regulations 2009 [S.S.I. 2009 No. 312] – (1 October 2009);

The Legal Aid and Advice and Assistance (Photocopying Fees and Welfare Reform) (Miscellaneous Amendments) (Scotland) Regulations 2013 [S.S.I. 2013 No. 250] – (31 October 2013);

The Legal Aid and Assistance by Way of Representation (Fees for Time at Court and Travelling) (Scotland) Regulations [S.S.I. 2014 No.257] – (10 November 2014);

The Legal Aid and Advice and Assistance (Scotland) (Miscellaneous Amendments) Regulations [S.S.I. 2019 No. 78] – (26 April 2019).

 

The Secretary of State, in exercise of the powers conferred upon him by section 33(2)(a) and (3)(a) and (b) of the Legal Aid (Scotland) Act 1986 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

 

REGULATIONS

Citation and commencement

  1. These Regulations may be cited as the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992 and shall come into force on 1st July 1992.

 

 

Interpretation

  1. (1)  In these Regulations unless the context otherwise requires –

“the Act” means the Legal Aid (Scotland) Act 1986;

“assisted person” means a person receiving legal aid under section 30 of the Act;

“Board” means the Scottish Legal Aid Board;

[1]“counsel” includes a solicitor-advocate;

“High Court” means the High Court of Justiciary;

[2]“junior counsel” includes a junior solicitor-advocate;

“legal aid” means legal aid given under section 30 of the Act in connection with proceedings for contempt of court;

“legal representative” means person having parental responsibilities within the meaning of section 1(3) of the Children (Scotland) Act 1995 or a judicial factor or a person authorised to act on an adult’s behalf under the Mental Health (Care and Treatment) (Scotland) Act 2003[3];

[4]“patient” has the same meaning as in section 329 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

[5][6]“right of audience” means in relation to a solicitor, a right of audience in, on the one hand, the Court of Session and the Supreme Court or, on the other hand, the High Court of Justiciary, which a solicitor has by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980;

[7]“senior counsel” includes a senior solicitor-advocate, except in paragraph (2) below;

[8]“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 (2) below;

[9]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.

[10] (2)  For the purposes of these Regulations, a solicitor-advocate shall be –

(a) a senior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a senior counsel in a case where the Board has authorised the employment of senior counsel under regulation 7(1)(a) or (2) below;
(b) a junior solicitor-advocate, where he is undertaking work equivalent to that which would be done by a junior counsel, whether or not the Board has authorised the employment of senior counsel in the case.

 

 

Manner of applications

[14]

2A.  Any application to the Board under regulations 7 and 7A shall be made in such form as the Board may require, which may include an online form.

 

 

Distinct proceedings

  1. (1)  For the purposes of legal aid under section 30 of the Act the following shall, subject to paragraph (2) below, each be treated as distinct proceedings: –

(a) any proceedings for contempt of court which arise during the course of or in connection with any other proceedings;
(b) any appeal against the decision of a court in the proceedings for contempt of court referred to in sub-paragraph (a) above.

(2)  Proceedings under sub-paragraph (a) above shall include any remit of the person in contempt from the district court to the sheriff court under section 15(5) of the Contempt of Court Act 1981.

 

 

Applications for legal aid

  1. (1)  An application for legal aid in connection with proceedings to which the provisions of section 30(1) of the Act apply shall be made to the court dealing with the alleged contempt in writing and in such form as the court may require, or in such manner as the court may accept as sufficient in any particular case.

(2)  The court’s decision on an application for an award for legal aid under section 30(1) shall be intimated forthwith to the Board and the applicant or his solicitor or counsel.

(3)1  An application to the Board for legal aid in connection with the proceedings to which the provisions of section 30(3) of the Act apply shall –

(a) be in such form, which may include an online form, and giving such information as the Board may require;
(b) include the name and address of the solicitor nominated by the applicant to act for him; and
(c)[15]
(d) where section 25(2)(c) of the Act applies by virtue of section 30(3) of the Act, include a statement of the grounds of appeal and any other circumstances which the applicant considers relevant to enable the Board to be satisfied that in all the circumstances of the case it is in the interests of justice that the applicant should receive legal aid.

(4)  An applicant for legal aid under section 30(3) of the Act shall, if required by the Board to do so, attend for interview by a representative of the Board or supply such further information or documents as the Board may require to enable it to determine the application.

 

 

Matters of special urgency

  1. (1)  Where an applicant seeks legal aid under section 30(3) of the Act, in a matter of special urgency, the Board may, if it thinks fit, make legal aid available to him notwithstanding that it has not been satisfied as to the matters specified in section 25(2) as read with section 30(3) of the Act.

(2)  Where legal aid is made available under paragraph (1) above, the Board shall –

(a) specify that it is available only for such limited purposes as the Board thinks appropriate in the circumstances;
(b) require the applicant as soon as practicable to satisfy it that the requirements of section 25(2) as read with section 30(3) of the Act are met;
(c) in the event of the applicant not so satisfying it, cease to make legal aid available to him.

 

 

Notification of decision

  1. The Board’s decision on an application for an award of legal aid under section 30(3) shall be intimated forthwith by the Board to the applicant and his solicitor.

 

Employment of counsel and expert witnesses in proceedings on appeal

  1. (1)  Subject to paragraph (2) below, the prior approval of the Board shall be required in proceedings on appeal –
(a) where the proceedings are in the Court of Session or High Court, for the employment of senior counsel or of more than one junior counsel;
(b) where the proceedings are in the sheriff court for the employment of counsel;
(c) for the employment of an expert witness.

(2)  Paragraph (1) above shall not apply where the Board, on an application made to it for retrospective sanction of the employment of counsel, or as the case may be, of an expert witness, considers that the employment would have been approved by it and that there were special reasons why prior approval was not applied for.

 

 

Prior approval of the Board for work of an unusual nature or likely to involve unusually large expenditure

7A.[13]  The prior approval of the Board shall be required for work of an unusual nature or likely to involve unusually large expenditure.

 

 

Duty of Board to cease to make legal aid available and right to recover sums paid out of the Fund

  1. (1)  The Board shall cease to make legal aid available under section 30(3) of the Act if it is satisfied, after taking account of any explanation offered by the assisted person in respect of sub-paragraphs (a) to (d) below, that he –
(a) has wilfully failed to comply with the provisions of these Regulations as to the information to be furnished by him; or
(b) knowingly made a false statement or false representation in furnishing such information; or
(c) has conducted himself in connection with the proceedings in such a way as to make it appear to the Board unreasonable that he should continue to receive legal aid; or
(d) has wilfully or deliberately given false information for the purpose of misleading the Board in considering his financial circumstances under section 24 of the Act.

(2)  Where the Board, in accordance with paragraph (1) above, ceases to make legal aid available –

(a) the Board shall have the right to recover from that person the amount paid out of the Fund in respect of the fees and outlays of his solicitor and counsel;
(b) the solicitor who acted for the assisted person shall have the right to receive from him the difference between the amount payable out of the Fund and the full amount which would be payable to him on a solicitor and client basis in respect of fees and outlays; and
(c) the Board may direct that the assisted person shall cease to be entitled to legal aid in connection with those proceedings.

SCHEDULE 1 - TABLE OF FEES ALLOWABLE TO SOLICITORS

  • Contempt of court for solicitors: on or after 22 March 2021

     

    [As amended by SSI 2021 No 56 in force 22 March 2021]

    SCHEDULE 1

    TABLE OF FEES ALLOWABLE TO SOLICITORS FOR LEGAL AID MADE AVAILABLE UNDER SECTION 30 OF THE ACT IN CONNECTION WITH PROCEEDINGS FOR CONTEMPT OF COURT

    Regulation 4

      1.   The fee for—

    (a)    any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing shall be £29.65;

    (b)   each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £14.83;

      2.   The fee for—

    (a)   each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above shall be £11.42;

    (b)   each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof shall be £ 5.69

      3.   The fee for—

    (a)   each citation of a witness including execution thereof;

    (b)   framing and drawing precognitions and other necessary papers, subject to paragraph 4(c) below – per sheet (or part thereof);

    (c)   instructing messengers-at-arms and sheriff officers, including examining execution and setting fee;

    (d)   lengthy telephone calls (of over 4 and up to 10 minutes duration); and

    (e)   letters, including instructions to counsel – per page or part thereof), subject to paragraph 4(b) below,

    shall be £ 6.49.

      4.   The fee for—

    (a)   attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;

    (b)   short letters of a formal nature, intimations and letters confirming telephone calls;

    (c)   framing formal papers, including inventories and title pages - per sheet (or part thereof);

    (d)   revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and

    (e)   short telephone calls (of up to 4 minutes duration),

    shall be £ 2.61.

      4A.   The fee for each quarter of an hour (or part thereof) spent travelling—

    (a)   by a solicitor is £5.72.

    (b)   by a solicitor's clerk is £ 2.85

      5.   (a)   There is no fee for photocopying—

    (i)   where fewer than 20 sheets are copied at one time;

    (ii)   in relation to the first 20 sheets copied at any one time.

    (b)   Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is—

    (i)   5 pence for each sheet copied for up to 10,000 sheets; and

    (ii)   1 penny per sheet for each sheet copied in addition to the first 10,000 sheets.

      5A.   Calculation of fees for time at court and travelling

    The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.

    Interpretation

      6.   In this Table—

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

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

     

  • Contempt of court for solicitors: pre and post 26 April 2019 but before 22 March 2021

    Schedule 1 of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992

    Work done before 26 April 2019 Work done on or after 26 April 2019
    1. The fee for -
    (a) any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing shall be £27.40 £28.23
    (b) each quarter hour (or part thereof) subsequent to the first half hour spent appearing in court or conducting another hearing shall be £13.70 £14.12
    2. The fee for -
    (a) each quarter hour (or part thereof) spent by a solicitor in carrying out work other than that prescribed in paragraphs 1 and 3 to 5 hereof, provided that any time is additional to the total time charged for under paragraph 1 above shall be £10.55 £10.87
    (b) each quarter hour (or part thereof) spent by a solicitor's clerk in carrying out work other than that prescribed in paragraphs 3 to 5 hereof shall be £5.25 £5.41
    3. The fee for -
    (a) each citation of a witness including execution thereof;
    (b) framing and drawing precognitions and other necessary papers, subject to paragraph 4(c) below - per sheet (or part thereof);
    (c) instructing messengers-at-arms and sheriff officers, including examining execution and settling fee;
    (d) lengthy telephone calls (of over 4 and up to 10 minutes duration); and
    (e) letters, including instructions to counsel - per page (or part thereof), subject to paragraph 4(b) below,
    shall be £6.00 £6.18
    4. The fee for -
    (a) attendance at court offices for performance of formal work including each necessary lodging in or uplifting from court or each necessary enquiry for documents due to be lodged;
    (b) short letters of a formal nature, intimations and letters confirming telephone calls;
    (c) framing formal papers, including inventories and title pages - per sheet (or part thereof);
    (d) revising papers drawn by counsel or where revisal ordered by court - per 5 sheets (or part thereof); and
    (e) short telephone calls (of up to 4 minutes duration),
    shall be £2.40 £2.48
    4A. The fee for each quarter of an hour (or part thereof) spent travelling -
    (a) by a solicitor is £5.28 £5.44
    (b) by a solicitor's clerk is £2.63 £2.71
    5.
    (a) There is no fee for photocopying-
    (i) where fewer than 20 sheets are copied at one time;
    (ii) in relation to the first 20 sheets copied at any one time.
    (b) Subject to sub-paragraph (a), the fee for all photocopying in relation to proceedings is-
    (i) for each sheet copied for up to 10,000 sheets; and £0.05 £0.05
    (ii) for each sheet copied in addition to the first 10,000 sheets. £0.01 £0.01
    Calculation of fees for time at court and travelling
    5A. The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.
    Interpretation
    6. In this Table -
    a "sheet" shall consist of 250 words or numbers; and
    a "page" shall consist of 125 words or numbers.

     

    Calculation of fees for time at court and travelling

    5A.  The fees under paragraphs 1, 2 and 4A are payable on the basis of the total time engaged per day.

    Interpretation

    1. In this Table –

    a "sheet" shall consist of 250 words or numbers;  and

    a "page" shall consist of 125 words or numbers.

SCHEDULE 2 - FEES OF COUNSEL

  • Contempt of court proceedings – counsel fees: for work done on or after 22 March 2021

     

    [As amended by SSI 2021 No 56 in force 22 March 2021]

    SCHEDULE 2

    FEES OF COUNSEL

    Regulation 7

       1.—Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

       2.—Where the Tables of Fees in this Schedule does not prescribe a fee for any item of work the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.

       3.—The auditor shall have power to increase any fee set out in the Table of Fees in this Schedule where he is satisfied that, because of the particular complexity or difficulty of the work or any other particular circumstances, such an increase is necessary to provide reasonable remuneration for the work.

       4.—The auditor shall have power to reduce any fee set out in the Table of Fees in this Schedule where he is satisfied that, because of any particular circumstances, a reduced fee is sufficient to provide reasonable remuneration for the work.

     

    TABLE OF FEES

    CHAPTER 1 - JUNIOR COUNSEL

    Junior with Senior Junior alone
    1. Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt. No consultation fee (paragraph 4) will be payable in these circumstances. £34.08 £50.30
    2. Hearing (other than described in paragraphs 1 or 3) – per day
    (a) In Edinburgh £186.02 £262.27
    (b) In Glasgow £220.10 £322.84
    (c) Elsewhere within 60 miles journey by road from Edinburgh £228.20 £330.94
    (d) In Aberdeen, Inverness or Dumfries £314.72 £441.80
    (e) Elsewhere beyond 60 miles journey by road from Edinburgh Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
    3. Appeals, etc.
    (a) Drafting grounds of appeals against finding of contempt including any note of appeal £48.14 £68.14
    (b) Hearing in appeal against a finding of contempt–per day £186.02 £262.27
    (c) Note of adjustments to stated case £48.14 £68.14
    (d) Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence £84.36 £110.32
    (e) Any appeal against sentence including fee for drafting note of appeal £34.08 £76.26
    (f) Appeal relating to granting of bail £25.43 £25.43
    4. Consultations - Save for in a case provided for in paragraph 1
    (a) In Edinburgh £59.49 £84.36
    Additional fee if held in prison £9.20 £9.20
    (b) Elsewhere within 60 miles journey by road from Edinburgh £110.32 £144.39
    (c) In Aberdeen, Inverness or Dumfries £220.10 £262.27
    (d) Elsewhere beyond 60 miles journey by road from Edinburgh Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
    5. Opinion on appeal, etc. £50.30
    6. Revisal of stated case £50.30
    7. Drafting bill of suspension £50.30
    8. Remits for sentence and pleas in mitigation £50.30

     

    CHAPTER 2 - SENIOR COUNSEL

    1. Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt. No consultation fee (paragraph 4) will be payable in these circumstances. £76.26
    2. Hearing (other than described in paragraphs 1 or 3) – per day
    (a) In Edinburgh £340.68
    (b) In Glasgow £399.08
    (c) Elsewhere within 60 miles journey by road from Edinburgh £408.28
    (d) In Aberdeen, Inverness or Dumfries £552.12
    (e) Elsewhere beyond 60 miles journey by road from Edinburgh Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
    3. Appeals, etc.
    (a) Drafting grounds of appeals against finding of contempt including any note of appeal £93.56
    (b) Hearing in appeal against a finding of contempt–per day £340.68
    (c) Note of adjustments to stated case £93.56
    (d) Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence £169.26
    (e) Any appeal against sentence including fee for drafting note of appeal £110.32
    (f) Appeal relating to granting of bail £34.08
    4. Consultations - Save for in a case provided for in paragraph 1
    (a) In Edinburgh £127.62
    Additional fee if held in prison £9.20
    (b) Elsewhere within 60 miles journey by road from Edinburgh £203.33
    (c) In Aberdeen, Inverness or Dumfries £390.97
    (d) Elsewhere beyond 60 miles journey by road from Edinburgh Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
    5. Opinion on appeal, etc. £76.26
    6. Revisal of stated case £76.26
    7. Drafting bill of suspension £76.26
    8. Remits for sentence and pleas in mitigation £76.26

     

  • Contempt of court proceedings – counsel fees: for work done on or after 26 April 2019 but before 22 March 2021

    Schedule II of the Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992

    1. Subject to the following provisions of this Schedule, fees shall be calculated in accordance with the Table of Fees in this Schedule.

    2. Where the Table of Fees in this Schedule does not prescribe a fee for any item of work the auditor shall allow such fee as appears to him appropriate to provide reasonable remuneration for work with regard to all the circumstances, including the general levels of fees in the said Table of Fees.

    3. The auditor shall have power to increase any fee set out in the Table of Fees in this Schedule where he is satisfied that, because of the particular complexity or difficulty of the work or any other particular circumstances, such an increase is necessary to provide reasonable remuneration for the work.

    4. The auditor shall have power to reduce any fee set out in the Table of Fees in this Schedule where he is satisfied that, because of any particular circumstances, a reduced fee is sufficient to provide reasonable remuneration for the work.

    CHAPTER 1 – JUNIOR COUNSEL
    Junior with Senior Junior alone
    1. Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt. No consultation fee (paragraph 4) will be payable in these circumstances. £32.45 £47.90
    2. Hearing (other than described in paragraphs 1 or 3) – per day
    (a) In Edinburgh £177.16 £249.78
    (b) In Glasgow £209.61 £307.46
    (c) Elsewhere within 60 miles journey by road from Edinburgh £217.33 £315.18
    (d) In Aberdeen, Inverness or Dumfries £299.73 £420.76
    (e) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
    3. Appeals, etc.
    (a) Drafting grounds of appeals against finding of contempt including any note of appeal £45.84 £64.89
    (b) Hearing in appeal against a finding of contempt–per day £177.16 £249.78
    (c) Note of adjustments to stated case £45.84 £64.89
    (d) Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence. £80.34 £105.06
    (e) Any appeal against sentence including fee for drafting note of appeal £32.45 £72.62
    (f) Appeal relating to granting of bail £24.21 £24.21
    4. Consultations

    Save in a case provided for by paragraph 1,

    (a) In Edinburgh £56.65 £80.34
    Additional fee if held in prison £8.76 £8.76
    (b) Elsewhere within 60 miles journey by road from Edinburgh £105.06 £137.51
    (c) In Aberdeen, Inverness or Dumfries £209.61 £249.78
    (d) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph
    5. Opinion on appeal, etc. £47.90
    6. Revisal of stated case £47.90
    7. Drafting bill of suspension £47.90
    8. Remits for sentence and pleas in mitigation £47.90

     

    CHAPTER 2 – SENIOR COUNSEL
    1. Hearing, held during the course of other proceedings, at which the person concerned is called upon to answer to the contempt. No consultation fee (paragraph 4) will be payable in these circumstances. £72.62
    2. Hearing (other than described in paragraphs 1 or 3) – per day
    (a) In Edinburgh £324.45
    (b) In Glasgow £380.07
    (c) Elsewhere within 60 miles journey by road from Edinburgh £388.83
    (d) In Aberdeen, Inverness or Dumfries £525.82
    (e) Elsewhere beyond 60 miles journey by road from Edinburgh: Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph
    3. Appeals, etc
    (a) Revising grounds of appeal against a finding of contempt, including any note of appeal £89.10
    (b) Hearing in appeal against a finding of contempt – per day £324.45
    (c) Note of adjustments to stated case £89.10
    (d) Hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence £161.20
    (e) Any appeal against sentence including revisal of note of appeal £105.06
    (f) Appeal relating to grant of bail £32.45
    4. Consultations.

    Save in a case provided for by paragraph 1,

    (a) In Edinburgh £121.54
    Additional fee if held in prison £8.76
    (b) Elsewhere within 60 miles journey by road from Edinburgh £193.64
    (c) In Aberdeen, Inverness or Dumfries £372.35
    (d) Elsewhere beyond 60 miles journey by road from Edinburgh Such fee as the Auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph
    5. Opinion on appeal £72.62
    6. Revisal of stated case £72.62
    7. Revisal of bill of suspension £72.62
    8. Remits for sentence and please in mitigation £72.62
  • Contempt of court proceedings – counsel fees: work done or outlays incurred before 26 April 2019
     

    CHAPTER 1 - JUNIOR COUNSEL

     

    Junior with Senior Junior alone
     

    1.

    Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the alleged contempt.  No consultation fee (paragraph 4) will be payable in these circumstances. £ 31.50 £  46.50
     

    2.

    Hearing (other than described in paragraphs 1 or 3) - per day.
    (a) in Edinburgh £172.00 £242.50
    (b) in Glasgow £203.50 £298.50
    (c) elsewhere within 60 miles journey by road from Edinburgh: £211.00 £306.00
    (d) in Aberdeen, Inverness or Dumfries £291.00 £408.50
    (e) elsewhere beyond 60 miles journey by road from Edinburgh:
    Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.
     

    3.

     

    Appeals, etc.

     

     

     

    (a) Drafting grounds of appeal against finding of contempt including any note of appeal

     

     

    £ 44.50

     

    £ 63.00

     

     

    (b) hearing in appeal against a finding of contempt - per day

     

     

    £172.00

     

    £242.50

     

     

    (c) note of adjustments to stated case

     

    £ 44.50 £ 63.00
     

     

    (d) hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence

     

     

     

    £ 78.00

     

     

    £102.00

     

     

    (e) any appeal against sentence including fee for drafting note of appeal

     

     

    £ 31.50

     

    £ 70.50

     

     

    (f) appeal relating to granting of bail

     

    £ 23.50 £ 23.50
     

    4.

    Consultations, save in a case provided for by paragraph 1

     

     

     

    (a) in Edinburgh

    additional fee if held in prison

     

    £ 55.00

    £  8.50

    £ 78.00

    £  8.50

     

     

    (b) elsewhere within 60 miles journey by road from Edinburgh

     

     

    £102.00

     

    £133.50

     

     

    (c) in Aberdeen, Inverness or Dumfries

     

    £203.50 £242.50
     

     

    (d) elsewhere beyond 60 miles journey by road from Edinburgh:

     

     

     

    Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.

     

     

    5.

    Opinion on appeal, etc.

     

    £ 46.50
     

    6.

    Revisal of stated case

     

    £ 46.50
     

    7.

    Drafting bill of suspension

     

    £ 46.50
     

    8.

    Remits for sentence and pleas in mitigation

     

    £ 46.50

     

     

    CHAPTER 2 - SENIOR COUNSEL

     

     

    1.

    Hearing, held during the course of other proceedings, at which the person concerned is first called upon to answer to the contempt.  No consultation fee (paragraph 4) will be payable in these circumstances.

     

     

     

     

    £ 70.50

     

    2.

    Hearing (other than that described in paragraphs 1 or 3) - per day

     

     

     

    (a) in Edinburgh

     

    £315.00
     

     

    (b) in Glasgow

     

    £369.00
     

     

    (c) elsewhere within 60 miles journey by road from Edinburgh

     

     

    £377.50

     

     

    (d) in Aberdeen, Inverness or Dumfries

     

    £510.50
     

     

    (e) elsewhere beyond 60 miles journey by road from Edinburgh:

     

     

     

    Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph.

     

     

    3.

     

    Appeals, etc.

     

     

     

    (a) revising grounds of appeal against a finding of contempt, including any note of appeal

     

     

    £ 86.50

     

     

    (b) hearing in appeal against a finding of contempt - per day

     

     

    £315.00

     

     

    (c) note of adjustments to stated case

     

    £ 86.50
     

     

    (d) hearing on stated case or bill of suspension relating to a finding of contempt or a finding of contempt and sentence

     

     

     

    £156.50

     

     

    (e) any appeal against sentence including revisal of note of appeal

     

     

    £102.00

     

     

    (f) appeal relating to granting of bail

     

    £ 31.50
     

    4.

     

    Consultations, save in a case provided for by paragraph 1

     

     

     

    (a) in Edinburgh

    additional fee if held in prison

     

    £118.00

    £  8.50

     

     

    (b) elsewhere within 60 miles journey by road from Edinburgh

     

     

    £188.00

     

     

    (c) in Aberdeen, Inverness or Dumfries

     

    £361.50
     

     

    (d) elsewhere beyond 60 miles journey by road from Edinburgh:

     

     

     

    Such fee as the auditor considers appropriate with regard to the journey involved and the level of fees prescribed in this paragraph

     

     

    5.

    Opinion on appeal

     

    £ 70.50
     

    6.

    Revisal of stated case

     

    £ 70.50
     

    7.

    Revisal of bill of suspension

     

    £ 70.50
     

    8.

    Remits for sentence and pleas in mitigation

     

    £ 70.50

Footnotes

[1]As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[2]As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[3]As amended by S.I. 1996 No. 2550 (in force from 1st November 1996) and S.S.I. 2005 No. 451 (in force from 5 October 2005)

[4] Substituted by S.I. 2005 No. 451 (in force from 5 October 2005).

[5] As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[6] “Supreme Court” substituted for “the House of Lords and the Judicial Committee of the Privy Council” by S.S.I. 312 (in force from 1 October 2009).

[7]As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[8] As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[9] As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[10] As substituted or inserted by S.I. 1994 No. 1016 (in force from 5th May 1994 and applying only in relation to any case where an application for legal aid under section 30 of the Act is granted on or after 5th May 1994).

[11] Substituted by S.I. 2005 No. 451 (in force from 5 October 2005).

 

[12] As substituted by S.I. 1995 No. 2319 (in force from 26th September 1995 and applying only in relation to any case where an application for legal aid is made to the Board on or after 26th September 1995), consequential upon the amendment of section 30 of the Act by the Criminal Justice (Scotland) Act 1995 (c.20), section 65(6).

[13] Inserted by S.I. 1996 No. 2550 (in force from 1st November 1996).

[14]Inserted by S.S.I. No. 161 (in force from 1 April 2011) which also omitted reference to a form being “in writing” enabling the Board to require submission of an application online or by other electronic means.

[15]Omitted by S.S.I. No. 161 (in force from 1 April 2011) removing reference to application being “signed” by the applicant and making special provision for signature on or on behalf of a mentally disabled applicant.

[16] Inserted by S.S.I. 2011 No. 41 (in force from 28 February 2011) prescribing a rate for travel at one-half of the non-advocacy rate in respect of travel commenced on or after 28 February 2011.

[17] As substituted by S.I. 1997 No. 718 (in force from 1st April 1997 and applying only to fees for work done on or after 1st April 1997).

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

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

[20] As substituted by S.I. 1997 No. 718 (above).