Detailed Provisions Payment of fees for legal work Section 93: Duty on the Scottish Ministers to pay certain fees for legal work in exceptional cases
271.Subsections (1) and (2) place a duty on the Scottish Ministers to pay, to a solicitor, a prescribed sum (fixed fee) for legal work reasonably carried out in connection with a proposed application by a person who sought legal advice on eligibility but did not subsequently apply to the scheme where, in Redress Scotland’s assessment, there are exceptional or unexpected circumstances which justify the payment of the fixed fee. For example, this may cover situations in which the prospective applicant died before the application could be submitted.
272.Subsection (3) places a duty on the Scottish Ministers to pay, to a solicitor, an additional sum as specified by Redress Scotland in respect of legal work reasonably carried out in relation to an application or proposed application where there are exceptional or unexpected circumstances which justify a payment over and above the fixed fee.
273.It is for Redress Scotland to decide whether anything is payable and, in the case of a request for an additional payment, the amount of that.