
1 
These Regulations may be cited as the Children’s Legal Assistance (Fees) (Miscellaneous Amendments) (Scotland) Regulations 2013 and come into force on 24th June 2013.
2 

(1) The Advice and Assistance (Scotland) Regulations 1996 are amended as follows.
(2) In Part 1 of Schedule 3 in paragraph 1—
(a) after “civil matters” insert “and children’s matters arising out of hearings or proceedings under the Children’s Hearings (Scotland) Act 2011”;
(b) in the table, after the column “Civil” insert a new column “Children’s”; and
(c) in the table, in the column “Children’s” insert the following fees at the corresponding entries:—
 entry 1(i), £33.15;
 entry 1(ii), £16.60;
 entry 2(i), £12.75;
 entry 2(ii), £6.35;
 entry 3, £7.25;
 entry 4, £2.90;
 entry 4A(a), £6.38; and
 entry 4A(b), £3.18.
(3) In Part 2 of Schedule 3, in paragraph 1, after “1995” insert “or in connection with any hearings or proceedings under the Children’s Hearings (Scotland) Act 2011”.
3 

(1) The Civil Legal Aid (Scotland) (Fees) Regulations 1989 are amended as follows.
(2) In regulation 2(1), before the definition of “auditor” insert—“
 “the 2011 Act” means the Children’s Hearings (Scotland) Act 2011;”.
(3) In regulation 3—
(a) in paragraph (2), for “(6)” substitute “(7)”; and
(b) after paragraph (6) insert—“
(7) In relation to children’s legal aid provided automatically under section 28C of the Legal Aid (Scotland) Act 1986, solicitors are to be paid fees in accordance with the fees prescribed in relation to children’s matters in Part 1 of Schedule 3 to the Advice and Assistance (Scotland) Regulations 1996.”.
(4) In Schedule 4, in Table of Fees A (fees for counsel in the Court of Session)—
(a) in Part 1 (junior counsel), Chapter 6 (ordinary actions), paragraph 11(b), after “motion” insert “including appeal under section 163, 164 or 165 of the 2011 Act”; and
(b) in Part 2 (senior counsel, family actions etc.), paragraph 6(a), after “Inner House” insert “including appeal under section 163, 164 or 165 of the 2011 Act”.
(5) In Schedule 4, in Table of Fees B (fees for counsel in the sheriff court)—
(a) in Part 1 (junior counsel), in paragraph 8—
(i) after “1995” insert “or under section 110 of the 2011 Act”;
(ii) after “85(1)”, where it second occurs, insert “of the Children (Scotland) Act 1995”; and
(iii) after “referral” insert—“
written application under section 110 of the 2011 Act for review of grounds of determination £225.00”;
(b) in Part 1 (junior counsel), after paragraph 14 insert—“
14A. Applications to the sheriff under the 2011 Act
 (a) under section 48 to vary or terminate a child protection order £40.00 £55.00
 (b) under section 98 to extend or vary an interim compulsory supervision order £40.00 £55.00
 (c) under section 99 to further extend or vary an interim compulsory supervision order £40.00 £55.00
 (d) under section 166 to review a decision or determination to impose a duty on a local authority £40.00 £55.00”;
(c) in Part 1 (junior counsel), paragraph 15, after “1995” insert “and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act”;
(d) in Part 1 (junior counsel), paragraph 16, after “Principal” insert “including appeal under section 163, 164, 165 or 167 of the 2011 Act”;
(e) in Part 2 (senior counsel), after paragraph 4 insert—“
4A. Applications to the sheriff under the 2011 Act
 (a) under section 48 to vary or terminate a child protection order £82.50
 (b) under section 98 to extend or vary an interim compulsory supervision order £82.50
 (c) under section 99 to further extend or vary an interim compulsory supervision order £82.50
 (d) under section 166 to review a decision or determination to impose a duty on a local authority £82.50”;
(f) in Part 2 (senior counsel), paragraph 5, after “1995” insert “and hearing or appeal under section 101, 110, 154, 160, 161 or 162 of the 2011 Act”; and
(g) in Part 2 (senior counsel), paragraph 6, after “Principal” insert “including appeal under section 163, 164, 165 or 167 of the 2011 Act”.
(6) In Schedule 7, after the entry “proceedings arising out of Part II of the Children (Scotland) Act 1995;” insert—“proceedings under the 2011 Act, other than those subject to regulation 3(7) of these Regulations;”.
KENNY MACASKILL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
9th May 2013