Statutory Instruments

1993 No. 531 (S.68)

LEGAL AID AND ADVICE, SCOTLAND

The Civil Legal Aid (Scotland) (Fees) Amendment Regulations 1993

Made

5th March 1993

Laid before Parliament

11th March 1993

Coming into force

1st April 1993

The Secretary of State, in exercise of the powers conferred on him by sections 33(2)(a) and (3) and 36(1) and (2)(a) of the Legal Aid (Scotland) Act 1986(1), 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) Amendment Regulations 1993 and shall come into force on 1st April 1993.

Interpretation

2. In these Regulations "the principal Regulations" means the Civil Legal Aid (Scotland) (Fees) Regulations 1989(2)

Amendment of principal Regulations

3. In regulation 2 of the principal Regulations (interpretation) there shall be inserted the following definitions:-

(a)after the definition of "auditor":-

""counsel" includes a rights of audience solicitor;
"junior counsel" or "junior" includes a rights of audience solicitor;" and

(b)after the definition of "outlays":-

""rights of audience solicitor" means a solicitor having a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980(3); and

"senior counsel" or "senior" includes a rights of audience solicitor.".

Fraser of Carmyllie

Minister of State, Scottish Office

St. Andrew's House,

Edinburgh

5th March 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Civil Legal Aid (Scotland) (Fees) Regulations 1989 ("the principal Regulations") by defining the references to Counsel, Junior Counsel and Senior Counsel in the principal Regulations as including a reference to a solicitor having a right of audience in the Court of Session, the House of Lords and the Judicial Committee of the Privy Council by virtue of section 25A (rights of audience in specified courts) of the Solicitors (Scotland) Act 1980 (section 25A was inserted in the 1980 Act by section 24 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990).

(1)

1986 c. 47; section 33(3) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40), Schedule 8, paragraph 36(16) but the amendments are not relevant to these Regulations.

(2)

S.I. 1989/1490, amended by S.I. 1990/473 and 1036, 1991/565 and 1992/372.

(3)

1980 c. 46; section 25A was inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, section 24.