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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020247.html |
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The Scottish Ministers, in exercise of the powers conferred by sections 33(3A), (3AA), (3C) to (3H) and (3K) and 36(1) and (2)(a) and (e) of the Legal Aid (Scotland) Act 1986[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: Citation and commencement 1. These Regulations may be cited as the Criminal Legal Aid (Fixed Payments) (Scotland) Amendment Regulations 2002 and shall come into force on 17th June 2002. Amendment of the Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999 2. The Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999[2] are amended in accordance with the following regulations. 3. After regulation 4 there is inserted-
4A. - (1) A solicitor who provides relevant criminal legal aid shall-
(b) subject to the conditions prescribed at paragraph (5),
instead of receiving the fixed payments specified in Schedule 1, be paid out of the Fund in accordance with regulations made under section 33(2) and (3) of the Act.
(b) the number and nature of productions; (c) the complexity of the law (including procedural complexity); (d) whether the assisted person, or any witnesses, may be unable to understand the proceedings because of age, inadequate knowledge of English, mental illness, other mental or physical disability or otherwise.
(5) The conditions referred to in paragraph (1)(b) are as follows:-
(ii) containing such information,
as it may specify, at as early a stage in the provision of the relevant criminal legal aid as is reasonably practicable and that solicitor shall, if required by the Board to do so, supply such further information or such documents as the Board may require to enable it to determine the application; and
(6) An application for a review under section 33(3K) of the Act shall-
(b) subject to paragraph (7), be lodged with the Board within 15 days of the time when notice of refusal of the application was given to the applicant; (c) include a statement of any matters which the applicant wishes the Board to take into account in reviewing the application; and (d) be accompanied by such additional precognitions and other documents as the applicant considers to be relevant to the review.
(7) Paragraph (6)(b) shall not apply where the Board considers that there is a special reason for it to consider a late application for review.
4.
In Schedule 1, Part 1, paragraph 9, after "the 1995 Act" there is inserted "or an appeal under section 201(4) of the 1995 Act". [2] S.I. 1999/491, amended by S.I. 1999/1820 and S.S.I. 1999/48 and 2001/307.back
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| © Crown copyright 2002 | Prepared 10 June 2002 |