The Advice and Assistance (Scotland) Amendment (No.2) Regulations 1988

• Citation: S.I. 1988/1131
• Sections: 16

Section 1 Citation and commencement

These Regulations may be cited as the Advice and Assistance (Scotland) Amendment (No.2) Regulations 1988 and shall come into force on 1st August 1988.

Section 2 Interpretation

In these Regulations, “the principal Regulations ” means the Advice and Assistance (Scotland) Regulations 1987 .

Section 3 Amendment of references to current Social Security legislation

(1) In regulation 4(a) of the principal Regulations for the words “supplementary benefit or family income supplement” there shall be substituted “income support or family credit”.

(2) After regulation 15(1)(a)(vii) of the principal Regulations there shall be inserted the following:—

(viii) by way of any housing benefit under the Social Security Act 1986 ;

Section 4 Notice to the Board on acceptance of application

At the end of regulation 10 of the principal Regulations there shall be inserted the following:—

Failure to do so within the specified time limit, unless the Board considers that there is special reason for it to excuse such failure, shall render the solicitor’s fees and outlays ineligible for payment in terms of section 12(3) of the Act.

Section 5 Giving of advice and assistance on the same matter

For regulation 12(2) of the principal Regulations there shall be substituted the following paragraph:—

(2) Application for authority under paragraph (1) above shall be made by the second or subsequent solicitor who shall indicate his willingness to act for the client seeking such advice or assistance and the application must also be countersigned by the client seeking advice and assistance, and shall include a statement of the reasons for seeking such authority.

Section 6 Payment of fees and outlays from property recovered or preserved

In regulation 15(1)(a)(vi) of the principal Regulations there shall be inserted after the words “periodical allowance” the words “or periodical payment of sums”.

Section 7 Exclusion of posts and incidents from outlays of solicitors

At the end of regulation 16(1)(b) of the principal Regulations after the word “matter”, there shall be added “, provided that, without prejudice to any other claims for outlays, there shall not be allowed to a solicitor outlays representing posts and incidents”.

Section 8 Provisions relative to lodging of accounts for advice and assistance

In regulation 17 of the principal Regulations—

(a) in paragraph (1) the words “6 months” shall be deleted and the words “1 year” substituted; and there shall be added at the end the following:—

Provided that, where civil legal aid has been made available to an applicant to whom in connection with the same matter advice or assistance has been given, the account for such advice and assistance shall be submitted to the Board at the same time as that for civil legal aid; and any work which is charged under civil legal aid shall not be charged in the advice and assistance account.

(b) the following paragraph shall be inserted after paragraph (1):—

(1A) The Board may accept an account for advice and assistance submitted outwith the period referred to in paragraph (1) above if it considers that there is a special reason for late submission.

Section 9 Amendments to Schedules

(1) In Schedule 2 to the principal Regulations there shall be substituted in paragraph 4, for the words “26(3) and (4)”, the words “26(3) and (5)”.

(2) For Schedule 3 to the principal Regulations (table of fees allowable to solicitors) there shall be substituted the Schedule to these Regulations.

Section 1

The fee for:—

(i) any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing shall be £20.50;

(ii) each quarter hour subsequent to the first half hour spent in court or conducting another hearing shall be £10.25.

Section 1

Subject to paragraph 2 of this Part, the fees allowable to a solicitor shall be calculated as follows—

Time occupied in carrying out work for the client other than work described in paragraphs B to E below—

(i) solicitor — per hour (the fee for any part of the hourly rate being the proportionate part of the hourly rate);

(ii) allowance for time of clerk — one half of the above.

For letters other than in 1B above (per sheet of 125 words), and non-formal documents other than precognitions (per sheet of 250 words) and telephone calls, other than formal, (of up to 10 minutes duration).

Section 2

The fee for:—

(i) each quarter hour spent by a solicitor in performing work other than that prescribed in paragraphs 1, 3, 4 and 5 shall be £7.90, provided that any time is additional to the total time charged for under paragraph 1 above.

The work referred to in this sub-paragraph other than prescribed in paragraphs 1, 3, 4 and 5 shall include attending with clients and others, taking precognitions, perusing documents, telephone calls of over 10 minutes duration, preparing for and attending court in all circumstances;

(ii) for each quarter hour spent by a solicitor’s clerk in performing the work prescribed in sub-paragraph (i) of this paragraph shall be one half of the solicitor’s fee.

Section 2

Where the fees which would be allowable to a solicitor in respect of the matter in respect of which advice and assistance was given, calculated in accordance with paragraph 1 above, would amount to less than £15.00 or where a solicitor elects to claim only the fee provided for in this paragraph, a fee of £15.00 shall be allowable in place of the fees so calculated.

Section 3

The fee for:—

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

(ii) framing and drawing precognitions and other necessary papers, subject to paragraph 4(iii)–per sheet;

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

(iv) telephone calls other than formal (of up to 10 minutes duration); and

(v) letters, including instructions to counsel-each page of 125 words, subject to paragraph 4(ii) and (v), shall be £4.50.

Section 4

The fee for:—

(i) 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;

(ii) formal letters and intimations;

(iii) framing formal documents, including inventories and title pages-per sheet;

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

(v) formal telephone calls and letters confirming telephone calls, shall be £1.80.

Section 5

Where an exceptional amount of copying proves necessary, a fee of 10 pence shall bepaid for each page copied of whatever size.