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In order to implement this increase, the instrument amends the following SSIs:
Civil Legal Aid (Scotland) (Fees) Regulations 1989
Criminal Legal Aid (Scotland) (Fees) Regulations 1989
Legal Aid in Contempt of Court Proceedings (Scotland) (Fees) Regulations 1992
Advice and Assistance (Financial Limit) (Scotland) Regulations 1993
Advice and Assistance (Scotland) Regulations 1996
Criminal Legal Aid (Fixed Payments) (Scotland) Regulations 1999
Should the Parliament approve the instrument, the updated fees that would apply to various elements of legal advice and assistance are set out in schedules 1 to 15.
Relevant schedules which include details of the proposed changes to fees are available via the below link:
Payment Schedules
Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 [draft]
The Legal Aid and Advice and Assistance (Miscellaneous Amendment) (Scotland) Regulations 2026 remove means and merits tests for any child accessing assistance by Way of Representation (ABWOR) applications in relation to proceedings under the Children's Hearings (Scotland) Act 2011.
Overall, the Committee stated the need for detailed guidance on self‑administration and assistance to ensure clarity, safety, and protection for all involved in the assisted dying process.
Short-term assistance
Prior to the introduction of the bill, the Scottish Government had not publicly stated that it was considering the introduction of short-term assistance.