Regulation 3 Amendment of the Civil Legal Aid (Scotland) Regulations 2002I1

Regulation 9(1) is amended as follows–

For Regulation 9(2) substitute–

“(2)

Where an applicant for legal aid fails to comply with a requirement under paragraph (1) above;

(a)

the Board may treat the application as having been abandoned, and where it does so it shall give intimation of the abandonment to the applicant and any opponent; and

(b)

the Board shall have the right to recover from the applicant the amount paid out of the Fund in respect of the fees and outlays of the applicant’s solicitors and counsel, less any amount received from that person by way of contribution.”.