The Civil Legal Aid (Scotland)(Fees) Amendment Regulations 1991

• Citation: S.I. 1991/565
• Sections: 12

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Civil Legal Aid (Scotland)(Fees)Amendment Regulations 1991 and shall come into force on 1st April 1991.

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

Section 2 Amendment of principal Regulations

In regulation 10(3) of the principal Regulations there shall be inserted at the end the word “thereon”

Section 3 Amendment of principal Regulations

For the Table of Fees set out in Schedule 1 to the principal Regulations (fees of solicitors for proceedings in the Court of Session) there shall be substituted the Table of Fees set out in Schedule 1 to these Regulations.

Section 4 Amendment of principal Regulations

In Schedule 2 to the principal Regulations (fees of solicitors for proceedings in the sheriff court)–

(a) for the Table (Actions: percentage reduction) set out in paragraph 2(f) there shall be substituted the Table set out in Schedule 2 to these Regulations; and

(b) for the Table of Fees set out in that Schedule there shall be substituted the Table of Fees set out in Schedule 2 to these Regulations.

Section 5 Amendment of principal Regulations

In Schedule 3 to the principal Regulations (table of detailed fees chargeable by solicitors for proceedings in the Court of Session and sheriff court)–

(a) in paragraph 2.1 for “1.1” there shall be substituted “1”; and

(b) for the Table of Fees set out in that Schedule there shall be substituted the Table of Fees set out in Schedule 3 to these Regulations.

Section 6 Amendment of principal Regulations

For the Table of Fees set out in Schedule 4 to the principal Regulations (fees for counsel for proceedings in the sheriff court) there shall be substituted the Table of Fees set out in Schedule 4 to these Regulations.

Section 7 Amendment of principal Regulations

The amendments to the principal Regulations contained in regulations 3, 4(b), 5(b) and 6 of these Regulations shall apply only to fees for work done on or after 1st April 1991.

Section 1

In any undefended action of divorce or seperation where–

(a) the facts set out in section 1(2)(b) (unreasonable behaviour) of the Divorce (Scotland) Act 1976 are relied upon; and

(b) the pursuer seeks to prove those facts by means of affidavits,

the pursuer’s solicitor may in respect of the work specified in column 1 of Table A in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any case, the inclusive fee specified in respect of that work in column 3 of that Table.

TABLE A

(1) All work to and including calling of the summons

(2) All work from calling to and including swearing affidavits

(3) All work from swearing affidavits to and including sedining extract decree

(4) All work to and including sending extract decree

Section 2

In any undefended action of divorce or seperation where–

(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five year’s non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

(b) the pursuer seeks to prove these facts by means of affidavits,

the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge, in a case where he is an Edinburgh solicitor acting alone, the inclusive fee specified in respect of that work in column 2 of that Table, and, in any other case, the inclusive fee specified in respect of that work in column 3 of that Table

TABLE B

(1) All work to and including calling of the summons

(2) All work from calling to and including swearing affidavits

(3) All work from swearing affidavits to and including sending extract decree

(4) All work to and including sending extract decree

Section 3

If–

(a) the pursuer’s solicitor charges inclusive fee under either paragraph 1 or paragraph 2 of this Part; and

(b) the action to which the charge relates includes a conclusion relating to an ancillary matter,

in addition to that fee, he may charge in respect of that work specified in column 1 of Table C in this paragraph the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE C

Section 2

In any undefended action of divorce or separation and aliment where–

(a) the facts set out in section 1(2)(a) (adultery), 1(2)(c) (desertion), 1(2)(d) (two years' non-cohabitation and consent) or 1(2)(e) (five years' non-cohabitation) of the Divorce (Scotland) Act 1976 are relied on; and

(b) the pursuer seeks to prove those facts by means of affidavits,

the pursuer’s solicitor may in respect of the work specified in column 1 of Table B in this paragraph charge the inclusive fee specified in respect of that work in column 2 of that Table.

TABLE B

Section 3

If–

(a) the pursuer’s solicitor charges an inclusive fee under either paragraph 1 or paragraph 2 of this Part; and

(b) the action to which the charge relates includes a crave relating to an ancillary matter,

in addition to that fee, he may charge in respect of the work specified in column 1 of Table C in this paragraph the inclusive fee specified fee specified in respect of that work in column 2 of that Table.

TABLE C