The Advice and Assistance (Scotland) Amendment (No.2) Regulations 1989

• Citation: S.I. 1989/1492
• Sections: 10

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Advice and Assistance (Scotland) Amendment (No.2) Regulations 1989 and shall come into force on 31st August 1989.

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

Section 2 Amendment of principal Regulations

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

Section 3 Amendment of principal Regulations

The amendments to the principal Regulations made by regulation 2 of these Regulations shall apply only to work done on or after 31st August 1989.

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 £22.35;

(ii) each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing shall be £11.15.

Section 1

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

(i) solicitor — per quarter hour (or part thereof);

(ii) solicitor’s clerk — per quarter hour (or part thereof).

Section 2

The fee for—

(i) 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 £8.60.

(ii) for 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 £4.30.

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 £25.00 or where a solicitor elects to claim only the fee provided for in this paragraph, a fee of £25.00 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) below — per sheet (or part thereof);

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

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

(v) letters, including instructions to counsel — per page (or part thereof), subject to paragraph 4(ii) below,

shall be £4.90.

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

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

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

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

shall be £1.95.

Section 5

Where an exceptional amount of copying proves necessary, a fee of 30 pence shall be paid for each sheet.