(1) The Board from time to time may directly request from the applicant or assisted person, or a solicitor or counsel acting for the applicant or assisted person, information relating to any change in circumstances, financial or otherwise.

(2) No solicitor or counsel shall be precluded, by reason of any privilege arising out of the relationship between counsel, solicitor and client from informing the Board of or drawing the Board’s attention to, any matter specified in paragraph (1) above.

Right of Board to recover sums paid out of the Fund

31A

If an applicant or assisted person fails to provide information requested by the Board under regulation 23A, the Board shall have the right to recover from that person the amount paid out of the Fund in respect of the fees and outlays of that person’s solicitors and counsel less any amount received from that person by way of contribution.

Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.

Cross-border disputes

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assessment of disposable income, etc. in relation to appellate proceedings

13A

(1) In this regulation “adults with incapacity application” means an application to the sheriff by a person concerned as claiming or having an interest in the property, financial affairs or personal welfare of an adult under the 2000 Act, (including, in the case of applications for orders defined in paragraphs (a) to (e) below, or applications opposing such orders, the adult to whom the application relates), for, or an application opposing–

(a) an intervention order under section 53(1) of the 2000 Act; ...

(b) a guardianship order under section 57(1) of the 2000 Act,

(d) a joint guardianship order under section 62(1) of the 2000 Act; or

(e) a substitute guardianship order under section 63(1) of the 2000 Act,

relating to the personal welfare of an adult or to the property, financial affairs and personal welfare of an adult.

(2) Sections 15 and 17 of the Act and regulation 5 above shall be modified to the extent provided in the sub-paragraphs below in relation to adults with incapacity applications, namely–

(a) section 15 shall be modified so as to provide that a person making such application shall be eligible for legal aid without regard to that person’s income or capital;

(b) section 17 shall be modified so as to provide that such person, once in receipt of civil legal aid, shall not require to pay any contribution to the Fund in respect of income or capital; and

(c) regulation 5 above shall be modified so as to provide that such application need not be accompanied by a statement ..., itemising the applicant’s disposable income and disposable capital.

Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

Appeals to the Supreme Court

Assessment of child’s resources

11A

(1) Subject to paragraph (3), for the purposes of determining the disposable income and disposable capital of a child, the resources of any person who owes an obligation of aliment to the child under section 1(1)(c) or (d) of the Family Law (Scotland) Act 1985 are to be treated as part of the child’s own resources.

(2) In paragraph (1), “child” has the meaning given in section 1(5) of the Family Law (Scotland) Act 1985.

(3) Paragraph (1) does not apply if its application in the particular circumstances would be unjust or inequitable.

Deprivation or conversion of resources

Assessment of disposable income, etc. in relation to adults with incapacity applications

Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

Manner of applications etc.

2A

(1) Any application to the Board under or referred to in regulations 7(2), 18, 20, 21, 22, 25(3), 45 and 46 shall be in such form as the Board may require, which may include an online form.

(2) Any statement, information, notification, notice or other correspondence which requires to be supplied, brought to the attention of, given or otherwise provided to the Board under regulations 18, 23(1) and (2), 24(1), 25(1) and (2) and 42 shall be in such form as the Board may require, which may include an online form.

Revocations and savings

Distinct proceedings for purposes of legal aid

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The Civil Legal Aid (Scotland) Regulations 2002

Duty to report

23A

Right of Board to recover sums paid out of the Fund

31A

Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.

Cross-border disputes

48

Assessment of disposable income, etc. in relation to appellate proceedings

13A

Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

Appeals to the Supreme Court

Social Security Commissioners ...

Assessment of child’s resources

11A

Deprivation or conversion of resources

Assessment of disposable income, etc. in relation to adults with incapacity applications

Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

Manner of applications etc.

2A

Revocations and savings

Distinct proceedings for purposes of legal aid