Regulation 31 Termination of legal aid other than on change of circumstances

The Board may cease to make legal aid available to an assisted person–

(a)

if it appears to it that the assisted person–

(i)

has required the proceedings to be conducted unreasonably so as to incur an unjustifiable expense to the Fund;

(ii)

has failed to comply with any condition imposed under section 14(2) of the Act;

(iii)

has failed without reasonable excuse to attend for an interview or to provide information or documents when so required under these Regulations; or

(iv)

having been required in terms of regulation 17 above to make a contribution or instalment thereof, is more than one month in arrears in making any payment in respect of that contribution or instalment; or

F1(v)

has failed without reasonable excuse to comply with any request for information made by the Board under regulation 23A above; or

(b)

if it is satisfied that there has been an error or mistake in the assessment as to whether the assisted person has probabilis causa litigandi, or whether it is reasonable in the particular circumstances of the case that the assisted person should receive legal aid, and that legal aid should never have been made available.

Annotations

Textual amendments

F1: Reg. 31(a)(v) inserted (4.12.2004) by The Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2004 (S.S.I. 2004/491), regs. 1, 4(3)