Regulation 23 Duty of applicant, assisted person, solicitor and counsel, and right of opponent, to report changes of circumstances

F1(1)

It shall be the duty of an applicant or assisted person, and a solicitor or counsel acting on behalf of an applicant or assisted person where the facts are within the solicitor’s or counsel’s knowledge, immediately to inform the Board of–

(a)

any change in that applicant’s or assisted person’s circumstances, financial or otherwise;

(b)

any change in the circumstances, financial or otherwise, so far as known to that applicant or assisted person, of any other person with whom that applicant or assisted person is jointly concerned, or who has the same interest in, the matter; or

(c)

any circumstance, financial or otherwise, which may affect the Board’s determination that the applicant or assisted person has probabilis causa litigandi, or that it is reasonable in the particular circumstances of the case that that person should receive, or continue to receive, legal aid.

(2)

Where a solicitor or counsel acting for an applicant or assisted person has reason to believe that that applicant or assisted person has not complied with the duty under paragraph (1) above, the solicitor or counsel shall forthwith draw this matter to the attention of the Board.

(3)

Any opponent who has reason to believe that there is any matter which might cause the Board to amend a determination under regulation 28, suspend legal aid under regulation 29 or cease to make legal aid available under regulations 30, 31 or 32, may draw that matter to the attention of the Board.

F2(4)

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 paragraphs (1) and (2) above.

Annotations

Textual amendments

F1: Reg. 23(1) substituted (9.11.2003) by The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/486), regs. 1, 3
F2: Reg. 23(4) inserted (9.11.2003) by The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2003 (S.S.I. 2003/486), regs. 1, 4