Rules coming into effect in November 2017 will make new provision for applications under section 19(1) of the Legal Aid (Scotland) Act 1986 (applications for expenses out of the Legal Aid Fund).

The new rule requires applicants to give the Scottish Legal Aid Board (“the Board”) advance notice of intention to apply for an award of expenses out of the Legal Aid Fund. A prescribed form must be completed and sent to the Board, along with supporting documents, no less than 28 days before any motion applying for an award is enrolled or lodged.

The rules have been developed by the Costs and Funding Committee to provide a more efficient streamlined procedure and to minimise the need for applications to be opposed and continued because insufficient information has been provided.