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The Legal Aid and Advice and Assistance (Fees) (Miscellaneous Amendment) (Scotland) Regulations 2026

Type Scottish-Statutory-Instrument
Publication 2026-03-11
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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articles Not indexed
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Column A Column B Column C
1. The fee for all work except where prescribed in paragraph 2 or in paragraphs 6 to10, from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law— 1. The fee for all work except where prescribed in paragraph 2 or in paragraphs 6 to10, from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law— 1. The fee for all work except where prescribed in paragraph 2 or in paragraphs 6 to10, from the taking of initial instructions up until the client is admitted to bail or committed until liberated in due course of law—
(a) where at the first examination the client is either— where at the first examination the client is either— £201.50 £176.32 £75.58
(a) (i) not committed for further examination, or £201.50 £176.32 £75.58
(a) (ii) committed for further examination and admitted to bail £201.50 £176.32 £75.58
(b) in any other case in any other case £302.25 £277.07 £176.32
2. The fee for all work in connection with a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents 2. The fee for all work in connection with a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents 2. The fee for all work in connection with a bail appeal hearing including any continued diet and, where necessary, instructing Edinburgh agents £75.58 £75.58 £75.58
3. The fee for all forms of communications in the case including meetings, consultations, letters, telephone calls, etc. from the conclusion of the work in paragraph 1 up to and including the commencement of any work for which a fee is payable in accordance with paragraph 6 3. The fee for all forms of communications in the case including meetings, consultations, letters, telephone calls, etc. from the conclusion of the work in paragraph 1 up to and including the commencement of any work for which a fee is payable in accordance with paragraph 6 3. The fee for all forms of communications in the case including meetings, consultations, letters, telephone calls, etc. from the conclusion of the work in paragraph 1 up to and including the commencement of any work for which a fee is payable in accordance with paragraph 6 £898.25 £641.61 £256.65
4. Perusal fee. Fee payable for any perusal not included in a fee claimed and payable under paragraph 5— 4. Perusal fee. Fee payable for any perusal not included in a fee claimed and payable under paragraph 5— 4. Perusal fee. Fee payable for any perusal not included in a fee claimed and payable under paragraph 5—
(a) for the first 250 sheets of documentation where separately chargeable, and each subsequent 250 sheets for the first 250 sheets of documentation where separately chargeable, and each subsequent 250 sheets £256.65 £256.65 £256.65
(b) for each 250 minutes of recorded video or audio material, where separately chargeable for each 250 minutes of recorded video or audio material, where separately chargeable £256.65 £256.65 £256.65
(c) for each 250 minutes of other material, where separately chargeable for each 250 minutes of other material, where separately chargeable £256.65 £256.65 £256.65
5. Preparation fee. Except where a separate fee is otherwise prescribed, the fee for all other work in the case from the conclusion of the work in paragraph 1, including perusal work (in respect of which see paragraph 12 of the notes on the operation of this Schedule), where— 5. Preparation fee. Except where a separate fee is otherwise prescribed, the fee for all other work in the case from the conclusion of the work in paragraph 1, including perusal work (in respect of which see paragraph 12 of the notes on the operation of this Schedule), where— 5. Preparation fee. Except where a separate fee is otherwise prescribed, the fee for all other work in the case from the conclusion of the work in paragraph 1, including perusal work (in respect of which see paragraph 12 of the notes on the operation of this Schedule), where—
(a) (i) the case proceeds to trial including where the court discharges a trial diet and appoints an earlier date in accordance with section 75A(5) of the 1995 Act £1,533.71 £1,277.06 £1, 020.43
(a) (ii) on or after the day fixed for trial, the Crown withdraws any libel against the client, or £1,533.71 £1,277.06 £1, 020.43
(a) (iii) a lesser plea is accepted by the Crown on the day the case has been brought to trial £1,533.71 £1,277.06 £1, 020.43
(b) the case is disposed of by a plea of guilty accepted at any diet prior to an appointed trial diet, including a diet arranged in accordance with section 76 of the 1995 Act the case is disposed of by a plea of guilty accepted at any diet prior to an appointed trial diet, including a diet arranged in accordance with section 76 of the 1995 Act £1,604.02 £1,604.02 £1,283.21
(c) the case is disposed of by any other means the case is disposed of by any other means £699.36 £587.09 £410.64
6. The fee for all work in connection with post-conviction discussions, including advising and giving an opinion on the prospects of any appeal 6. The fee for all work in connection with post-conviction discussions, including advising and giving an opinion on the prospects of any appeal 6. The fee for all work in connection with post-conviction discussions, including advising and giving an opinion on the prospects of any appeal £234.65 £234.65 £133.91
7.The fee for each quarter of an hour spent by a solicitor conducting the hearing 7.The fee for each quarter of an hour spent by a solicitor conducting the hearing 7.The fee for each quarter of an hour spent by a solicitor conducting the hearing £26.51 £26.51 £26.51
8.Supplementary fee, payable in addition to the fee under paragraph 7, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination 8.Supplementary fee, payable in addition to the fee under paragraph 7, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination 8.Supplementary fee, payable in addition to the fee under paragraph 7, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination £99.63 £99.63 £99.63
9. The fee, where counsel conducts the hearing, for each quarter of an hour spent by— 9. The fee, where counsel conducts the hearing, for each quarter of an hour spent by— 9. The fee, where counsel conducts the hearing, for each quarter of an hour spent by—
(a) a solicitor a solicitor £17.51 £17.51 £17.51
(b) a solicitor’s clerk a solicitor’s clerk £8.12 £8.12 £8.12
10. The fee for each quarter of an hour spent waiting at court— 10. The fee for each quarter of an hour spent waiting at court— 10. The fee for each quarter of an hour spent waiting at court—
(a) by a solicitor by a solicitor £16.19 £16.19 £16.19
(b) by a solicitor’s clerk by a solicitor’s clerk £8.12 £8.12 £8.12
11. The fee for each quarter of an hour spent travelling— 11. The fee for each quarter of an hour spent travelling— 11. The fee for each quarter of an hour spent travelling—
(a) by a solicitor by a solicitor £8.12 £8.12 £8.12
(b) by a solicitor’s clerk by a solicitor’s clerk £4.07 £4.07 £4.07

SCHEDULE 9 — Amendments to Part 1 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

Criminal Civil Children’s
1. The fee for— 1. The fee for— 1. The fee for— 1. The fee for— 1. The fee for— 1. The fee for—
(i) any time up to the first half hour spent by a solicitor appearing in court or conducting another hearing £38.79 £46.91 £46.91
(ii) each quarter hour (or part thereof) subsequent to the first half hour spent in court or conducting another hearing. £19.41 £23.50 £23.50
1A. Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination. Supplementary fee, payable in addition to the fee under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint or attend a first examination. £99.63
2. The fee for— 2. The fee for— 2. The fee for— 2. The fee for— 2. The fee for— 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 of this table, provided that any time is additional to the total time charged for under paragraph 1. £14.95 £18.05 £18.05
(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 of this table. £7.45 £9.01 £9.01
3. The fee for— 3. The fee for— 3. The fee for— £8.50 £10.29 £10.29
(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)
(v) letters, including instructions to counsel, subject to paragraph 4(ii) below – per page (or part thereof).
4. The fee for— 4. The fee for— 4. The fee for— £3.44 £4.12 £4.12
(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)
(v) short telephone calls (of up to 4 minutes duration).
4A. The fee for each quarter of an hour (or part thereof) spent travelling— 4A. The fee for each quarter of an hour (or part thereof) spent travelling— 4A. The fee for each quarter of an hour (or part thereof) spent travelling— 4A. The fee for each quarter of an hour (or part thereof) spent travelling— 4A. The fee for each quarter of an hour (or part thereof) spent travelling— 4A. The fee for each quarter of an hour (or part thereof) spent travelling—
(a) by a solicitor by a solicitor £7.50 £9.06 £9.06
(b) by a solicitor’s clerk. by a solicitor’s clerk. £3.75 £4.54 £4.54
5. 5. 5. 5. 5. 5.
(a) There is no fee for photocopying— (a) There is no fee for photocopying— (a) There is no fee for photocopying— (a) There is no fee for photocopying— (a) There is no fee for photocopying— (a) There is no fee for photocopying—
(i) where fewer than 20 sheets are copied at one time
(ii) in relation to the first 20 sheets copied at any one time.
(b) Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is— Subject to sub-paragraph (a), the fee for all photocopying in the matter in relation to which assistance by way of representation was given is—
(b) (i) 6 pence for each sheet copied for up to 10,000 sheets
(b) (ii) 2 pence per sheet for each sheet copied in addition to the first 10,000 sheets.

SCHEDULE 10 — Amendments to Part 2 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

Criminal Civil Children
A. Time occupied in carrying out work for the client other than work described in paragraphs B to E below— Time occupied in carrying out work for the client other than work described in paragraphs B to E below— Time occupied in carrying out work for the client other than work described in paragraphs B to E below— Time occupied in carrying out work for the client other than work described in paragraphs B to E below—
A. (i) Solicitor – per quarter hour (or part thereof) Solicitor – per quarter hour (or part thereof) Solicitor – per quarter hour (or part thereof) £16.42 £18.05 £18.05
A. (ii) Solicitor’s clerk – per quarter hour (or part thereof). Solicitor’s clerk – per quarter hour (or part thereof). Solicitor’s clerk – per quarter hour (or part thereof). £8.20 £9.01 £9.01
B. For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). For short letters of a formal nature, short telephone calls (of up to 4 minutes duration), framing formal documents such as inventories and engrossing formal documents for signature – per sheet (or part thereof). £3.76 £4.12 £4.12
C. For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). For letters other than B above – per page (or part thereof), framing non-formal documents other than precognitions – per sheet of 250 words (or part thereof) and lengthy telephone calls (of over 4 and up to 10 minutes duration). £9.35 £10.29 £10.29
D. For taking and drawing precognitions – for the first sheet of 250 words or less. For taking and drawing precognitions – for the first sheet of 250 words or less. For taking and drawing precognitions – for the first sheet of 250 words or less. For taking and drawing precognitions – for the first sheet of 250 words or less. £32.77 £36.09 £36.09
D. for each subsequent sheet of 250 words. for each subsequent sheet of 250 words. for each subsequent sheet of 250 words. for each subsequent sheet of 250 words. £32.77 £36.09 £36.09
D. for each subsequent sheet of less than 250 words. for each subsequent sheet of less than 250 words. for each subsequent sheet of less than 250 words. for each subsequent sheet of less than 250 words. £16.42 £18.05 £18.05
DA. The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling— The fee for each quarter of an hour (or part thereof) spent travelling—
DA. (a) (a) by a solicitor by a solicitor £8.23 £9.06 £9.06
DA. (b) (b) by a solicitor’s clerk. by a solicitor’s clerk. £4.11 £4.54 £4.54
E. (a) (a) There is no fee for photocopying— There is no fee for photocopying—
E. (a) (a) (i) where fewer than 20 sheets are copied at one time
E. (a) (a) (ii) in relation to the first 20 sheets copied at any one time.
E. (b) (b) Subject to sub-paragraph (a), the fee for all photocopying in the matter is— Subject to sub-paragraph (a), the fee for all photocopying in the matter is—
E. (b) (b) (i) 6 pence for each sheet copied for up to 10,000 sheets
E. (b) (b) (ii) 2 pence per sheet for each sheet copied in addition to the first 10,000 sheets.

SCHEDULE 11 — Amendments to Part 3 of schedule 3 of the Advice and Assistance (Scotland) Regulations 1996

A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016 [^f00041]. A reference in this Table of Fees to a section is a reference to a section of the Criminal Justice (Scotland) Act 2016 [^f00041].
1. Section 19 – Application for review of conditions of investigative liberation
(a) Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing £70.73
(b) Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing £106.08
(c) Additional fee, excluding travel, for second or subsequent court hearing, per hearing £70.73
(d) Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. £8.23
2. Section 30 – Application for review of undertaking conditions
(a) Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. £70.73
(b) Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. £106.08
(c) Additional fee, excluding travel, for second or subsequent court hearing, per hearing. £70.73
(d) Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. £8.23
3. Section 36(1)(a) – Application for authorisation for questioning by a prosecutor
(a) Inclusive fee, excluding travel, for all work where matter does not proceed to a court hearing. £70.73
(b) Inclusive fee, excluding travel, for all work where matter proceeds to a court hearing. £106.08
(c) Additional fee, excluding travel, for second or subsequent court hearing, per hearing. £70.73
(d) Fee for time necessarily spent travelling to and from court, where the court is not in a town or place where the solicitor has a place of business, per quarter hour. £8.23

PART 1

Where professional services are provided in relation to proceedings in the JP Court Where professional services are provided in relation to proceedings in the sheriff court (other than proceedings in a Court specified in schedule 2) Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
1. All work up to and including: 1. All work up to and including: 1. All work up to and including: £393.15 or £646.36 or £710.54 or
(i) (i) any diet at which a plea of guilty is made and accepted or plea in mitigation is made £361.06 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
(ii) (ii) the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement, other than in the circumstances where paragraph 2 below applies £361.06 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
(iii) (iii) the first 30 minutes of conducting any trial £361.06 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
(iiia) (iiia) a first or second diet of deferred sentence £361.06 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
(iv) (iv) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal, £361.06 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
together with any subsequent or additional work other than that specified in paragraphs 2 to 10 below. together with any subsequent or additional work other than that specified in paragraphs 2 to 10 below. together with any subsequent or additional work other than that specified in paragraphs 2 to 10 below. £361.06 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 below.
2. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. 2. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. 2. All work done in connection with a grant of legal aid under section 23(1)(b) of the Act including the first 30 minutes of conducting a proof in mitigation, or a proof of a victim statement. £32.10 £64.18 £64.18
3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). 3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). 3. Conducting a trial or proof in mitigation for the first day (after the first 30 minutes). £96.27 £128.33 £128.33
4.Conducting a trial or proof in mitigation for the second and each subsequent day 4.Conducting a trial or proof in mitigation for the second and each subsequent day 4.Conducting a trial or proof in mitigation for the second and each subsequent day £256.65 £384.97 £384.97
5. Conducting a proof of a victim statement: (i) where there has been no trial or proof in mitigation for the first day (after the first 30 minute), and thereafter for subsequent days (per day), or (ii) at a contiuned diet following a concluded trial or proof in mitigation (per day). 5. Conducting a proof of a victim statement: (i) where there has been no trial or proof in mitigation for the first day (after the first 30 minute), and thereafter for subsequent days (per day), or (ii) at a contiuned diet following a concluded trial or proof in mitigation (per day). 5. Conducting a proof of a victim statement: (i) where there has been no trial or proof in mitigation for the first day (after the first 30 minute), and thereafter for subsequent days (per day), or (ii) at a contiuned diet following a concluded trial or proof in mitigation (per day). £384.97 £384.97
6. Representation at a third or subsequent diet of deferred sentence. 6. Representation at a third or subsequent diet of deferred sentence. 6. Representation at a third or subsequent diet of deferred sentence. £32.10 £64.18 £64.18
7. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). 7. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). 7. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment). £32.10 £32.10 £32.10
8. All work done where the accused is in custody and has tendered a plea of not guilty until determination for the application for legal aid. 8. All work done where the accused is in custody and has tendered a plea of not guilty until determination for the application for legal aid. 8. All work done where the accused is in custody and has tendered a plea of not guilty until determination for the application for legal aid. £32.10 £32.10 £32.10
9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. 9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. 9. All work done by virtue of section 24(7) of the Act until determination of the application for legal aid. £32.10 £32.10 £32.10
10. All work done in connection with: 10. All work done in connection with: 10. All work done in connection with:
(a) a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) below a bail appeal under section 32 of the 1995 Act, or an appeal under section 201(4) of the 1995 Act, other than under sub-paragraph (b) below £64.18 £64.18 £64.18
(b) representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee for appearance) representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee for appearance) £38.52 £38.52 £38.52

PART 2

Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal
1. All work done under section 22(1)(c) of the Act up to and including the first appearance of an assisted person. £128.33
2. All work done (other than work done in terms of paragraph 1) in connection with any appearance of an assisted person (per appearance). £64.18
Where professional services are provided in relation to proceedings in the sheriff court Where professional services are provided in relation to proceedings in the sheriff court and those proceedings are brought in a Court specified in schedule 2
1. All work up to and including— 1. All work up to and including— £646.36 or £710.54 or
1. All work up to and including— 1. All work up to and including— £614.27 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 of Part 1 of schedule 1. £678.45 where criminal legal aid has been made available in the circumstances referred to in paragraphs 8 or 9 of Part 1 of schedule 1.
(a) any diet at which a plea of guilty is made and accepted or a plea in mitigation is made
(b) the first 30 minutes of conducting any trial
(c) a first or second diet of deferred sentence
(d) advising, giving an opinion and taking final instructions on the prospects of an appeal against conviction, sentence, other disposal or acquittal,
together with any subsequent or additional work other than that of the kind specified in paragraphs 6 to 10 of Part 1 of schedule 1 together with any subsequent or additional work other than that of the kind specified in paragraphs 6 to 10 of Part 1 of schedule 1

PART 1

Where professional services are provided in relation to proceedings in the JP court Where professional services are provided in relation to proceedings in the sheriff court
1. All work relating to assistance by way of representation provided by a solicitor in summary criminal proceedings in accordance with regulation 6 or 6A of the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003 other than that specified in paragraphs 2 to 4 below 1. All work relating to assistance by way of representation provided by a solicitor in summary criminal proceedings in accordance with regulation 6 or 6A of the Advice and Assistance (Assistance By Way of Representation) (Scotland) Regulations 2003 other than that specified in paragraphs 2 to 4 below £393.15 £646.36
2. Representation at a third or subsequent diet of deferred sentence 2. Representation at a third or subsequent diet of deferred sentence £32.10 £64.18
3. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment) 3. Representation at a first or second diet of deferred sentence (one only) at which the court considers a report required under section 203 of the 1995 Act and where the case is disposed of (as an additional payment) £32.10 £32.10
4. All work done in connection with: 4. All work done in connection with:
(a) a bail appeal under section 32 of the 1995 Act, or on appeal under section 201(4) of the 1995 Act, other than work under sub-paragraph (b) below £64.18 £64.18
(b) representation in an appeal of either type specified in (a), or a continued diet of such an appeal, where counsel not employed (fee per appearance) £38.52 £38.52
5. Supplementary fee, payable in addition to any fees under paragraphs 1 to 4, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint 5. Supplementary fee, payable in addition to any fees under paragraphs 1 to 4, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint £99.63 £99.63

PART 2

Where professional services are provided in relation to proceedings in a sheriff court which has been designated as a drug court by the sheriff principal
1. All work done in connection with any appearance of an assisted person (per appearance). £64.18
2.Supplementary fee, payable in addition to any fees under paragraph 1, where at a holiday court sitting a solicitor acts for a person appearing from custody on the day on which that person is first brought to a court to answer to a complaint. £99.63

Signed

SIOBHIAN BROWN — Authorised to sign by the Scottish Ministers — 11th March 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the following instruments made under the Legal Aid (Scotland) Act 1986 (“the 1986 Act”)—

Regulation 2 provides that—

Regulations 3, 4, 5, 7 and 8 make amendments to the above instruments to increase fees and outlays for legal aid and advice and assistance by 13%.

Regulation 6 amends the 1993 Regulations to substitute the financial limit amounts for advice and assistance specified in section 10(2) of the 1986 Act beyond which solicitors are required to seek prior approval of the Scottish Legal Aid Board before providing further advice and assistance.

Regulations 9 and 10 make corrections and minor drafting and clarificatory changes to the Civil Legal Aid (Scotland) Regulations 2002 and the Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 respectively.

Regulation 11 amends the Criminal Legal Aid and Assistance by Way of Representation (Miscellaneous Amendment) (Scotland) Regulations 2026 so that the amendments made by those Regulations to fixed payments include a 13% increase.

Footnotes

[^f00001]: 1986 c. 47. Section 33(2) was amended by section 67(7)(b) of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Section 33(3A) was inserted by section 51 of the Crime and Punishment (Scotland) Act 1997 (c. 48). Section 36(2)(b) was amended by paragraph 6 of schedule 4 of the Legal Aid Act 1988 (c. 34) and section 23(9) of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3).

[^f00002]: The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

[^f00003]: S.I. 1989/1490; relevant amending instruments are S.I. 1990/473, S.I. 1991/565, S.I. 1992/372, S.I. 1994/1015, S.I. 1995/1044, S.I. 1997/689, S.S.I. 2003/178, S.S.I. 2004/496, S.S.I. 2007/14, S.S.I. 2009/203, S.S.I. 2009/312, S.S.I. 2011/41, S.S.I. 2011/160, S.S.I. 2013/144, S.S.I. 2013/250, S.S.I. 2014/257, S.S.I. 2015/337, S.S.I. 2015/380, S.S.I. 2016/257, S.S.I. 2016/290, S.S.I. 2017/310 and S.S.I. 2019/78, S.S.I. 2020/191, S.S.I. 2021/56, S.S.I. 2022/30, S.S.I. 2023/178, S.S.I. 2023/135 and S.S.I. 2023/313.

[^f00004]: Paragraph (2A) was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2023/135.

[^f00005]: Schedule 2A was inserted by S.S.I. 2016/290 and amended by S.S.I. 2021/56.

[^f00006]: The table in schedule 3 was substituted by S.S.I. 2023/135.

[^f00007]: Schedule 5 was inserted by S.S.I. 2003/178 and renamed by S.S.I. 2016/257.

[^f00008]: This figure was substituted by S.S.I. 2023/135.

[^f00009]: Paragraph 21 was inserted by S.S.I. 2003/178 and this figure substituted by S.S.I. 2023/135.

[^f00010]: S.I. 1989/1491; relevant amending instruments are S.I. 1991/566, S.I. 1992/374, S.S.I. 2004/264, S.S.I. 2004/316, S.S.I. 2005/113, S.S.I. 2005/584, S.S.I. 2005/656, S.S.I. 2007/180, S.S.I. 2008/240, S.S.I. 2009/312, S.S.I. 2010/63, S.S.I. 2010/212, S.S.I. 2011/41, S.S.I. 2011/135, S.S.I. 2012/276, S.I. 2013/7, S.S.I. 2013/250, S.S.I. 2013/320, S.S.I. 2014/257, S.S.I. 2015/337, S.S.I. 2017/466, S.S.I. 2019/78, S.S.I. 2020/191, S.S.I. 2021/56, S.S.I. 2022/30, S.S.I. 2022/116 and S.S.I. 2023/135.

[^f00011]: Regulation 5 was substituted by S.S.I. 2010/212 and amended by S.S.I. 2023/135.

[^f00012]: Figures in regulation 6 were substituted by S.S.I. 2023/135.

[^f00013]: Figure in paragraph 7 was substituted by S.S.I. 2023/135.

[^f00014]: Schedule 1A is to be prospectively amended by S.S.I. 2026/107 including an amendment to paragraph 5 of Part 2 of the table of fees.

[^f00015]: Figures in paragraphs 1 to 4A of schedule 1 were substituted by S.S.I. 2023/135.

[^f00016]: S.I. 1992/1228; relevant amending instruments are S.I. 1997/718, S.S.I. 2011/41, S.S.I. 2013/250, S.S.I. 2014/257, S.S.I. 2019/78, S.S.I. 2021/56 and S.S.I. 2023/135.

[^f00017]: Paragraph 4A was inserted by S.S.I. 2011/41 and amended by S.S.I. 2023/135.

[^f00018]: S.I. 1993/3187; relevant amending instruments are S.S.I. 2007/248, S.S.I. 2017/466, S.S.I. 2022/116 and S.S.I. 2023/135. Figures in regulation 3 were substituted by S.S.I. 2023/135 and prospectively amended by S.S.I. 2026/117, including to add regulation 3(b)(iv) and (v).

[^f00019]: Figure prospectively inserted by S.S.I. 2026/107.

[^f00020]: S.I. 1996/2447 (as renamed by S.I. 1997/726); relevant amending instruments are S.I. 1997/726, S.S.I. 2004/262, S.S.I. 2005/171, S.S.I. 2006/233, S.S.I. 2008/240, S.S.I. 2010/312, S.S.I. 2011/41, S.S.I. 2013/144, S.S.I. 2013/250, S.S.I. 2014/257, S.S.I. 2017/466, S.S.I. 2019/78, S.S.I. 2020/191, S.S.I. 2021/368, S.S.I. 2021/55, S.S.I. 2022/30, S.S.I. 2021/56 and S.S.I. 2023/135. Prospectively amended by S.S.I. 2026/107.

[^f00021]: Figure in regulation 17(1B) was substituted by S.S.I. 2023/135.

[^f00022]: Figures in the table of fees were substituted by S.S.I. 2023/135, and prospectively amended by S.S.I. 2026/107.

[^f00023]: Figures in paragraph 3 were substituted by S.S.I. 2023/135.

[^f00024]: Figures in the table of fees were substituted by S.S.I. 2023/135.

[^f00025]: Figures in the table of fees were substituted by S.S.I. 2023/135.

[^f00026]: Figures in Part 4 were substituted by S.S.I. 2023/135.

[^f00027]: Part 5 was inserted by S.S.I. 2021/55 and amended by S.S.I. 2023/135.

[^f00028]: Part 6 was inserted by S.S.I. 2021/55 and amended by S.S.I. 2023/135.

[^f00029]: S.I. 1999/491; relevant amending instruments are S.S.I. 2001/307, S.S.I. 2002/247, S.S.I. 2003/249, S.S.I. 2004/51, S.S.I. 2004/126, S.S.I. 2004/263, S.S.I. 2005/93, S.S.I. 2006/234, S.S.I. 2008/240, S.S.I. 2010/237, S.S.I. 2011/162, S.S.I. 2014/366, S.S.I. 2015/337, S.S.I. 2017/466, S.S.I. 2019/78, S.S.I. 2020/191, S.S.I. 2021/56, S.S.I. 2022/30 and S.S.I. 2023/135.

[^f00030]: Figures were substituted by S.S.I. 2023/135.

[^f00031]: Figures in the table of fees were substituted by S.S.I. 2023/135.

[^f00032]: Figures in the table of fees were substituted by S.S.I. 2023/135.

[^f00033]: Figures in the table of fees were substituted by S.S.I. 2023/135. Schedule 1B will be prospectively repealed with effect from 14 December 2026 by S.S.I. 2026/107.

[^f00034]: S.S.I. 2002/494 was relevantly amended by S.S.I. 2024/178, S.S.I. 2024/216, S.S.I. 2024/31. Prospectively amended by S.S.I. 2026/117.

[^f00035]: S.S.I. 2026/117.

[^f00036]: S.S.I. 2026/107.

[^f00037]: Paragraph (5)(c) of the Criminal Legal Assistance (Fees and Information etc.) (Scotland) Regulations 2008 (S.S.I. 2008/240) was inserted by S.S.I. 2020/30.

[^f00038]: 1972 c. 59. Section 1 was amended by section 19 and paragraph 15 of schedule 2 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73).

[^f00039]: The Criminal Procedure (Scotland) Act 1995 (c. 46).

[^f00040]: Section 288ZA was inserted by section 34(3) of the Scotland Act 2012 (c. 11).

[^f00041]: 2016 asp 1, to which there are amendments not relevant to these Regulations.

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