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The Civil Legal Aid (Scotland) Regulations 2002

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement.

    2. 2.Interpretation.

    3. 3.Revocations and savings.

    4. 4.Distinct proceedings for purposes of legal aid.

  3. PART II APPLICATIONS FOR LEGAL AID

    1. 5.Form of application.

    2. 6.Applications on behalf of children.

    3. 7.Notification to opponent.

    4. 8.Right of opponent to make representations.

    5. 9.Attendance for interview and supply of information.

  4. PART III ASSESSMENT OF RESOURCES

    1. 10.Determination of disposable income and disposable capital.

    2. 11.Circumstances in which resources of spouse not to be taken into account and resources of cohabitees.

    3. 12.Deprivation or conversion of resources.

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

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

  5. PART IV DETERMINATION OF APPLICATIONS

    1. 15.Applicant having joint interest, etc. with other persons.

    2. 16.Applicant having rights and facilities in relation to litigation.

    3. 17.Contributions.

    4. 18.Legal aid in matters of special urgency.

    5. 19.Notification of decision.

    6. 20.Application for review.

  6. PART V CONDUCT OF PROCEEDINGS

    1. 21.Employment of counsel and expert witnesses and prior approval of the Board in cases of work of an unusual nature or likely to involve unusually large expenditure.

    2. 22.Execution of diligence.

  7. PART VI CHANGES OF CIRCUMSTANCES

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

    2. 24.Duty to report abuse of legal aid.

    3. 25.Change of nominated solicitor.

    4. 26.Duty to report completion of proceedings.

    5. 27.Power of Board to modify or impose conditions.

    6. 28.Power of Board to amend determination.

    7. 29.Power of Board to suspend availability of legal aid.

    8. 30.Termination of legal aid on change of circumstances.

    9. 31.Termination of legal aid other than on change of circumstances.

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

  8. PART VII EXPENSES

    1. 33.Payments out of property recovered or preserved: exceptions.

    2. 34.Liability of assisted person where legal aid received in part of matter.

    3. 35.Liability of assisted person where legal aid ceases in part of matter.

    4. 36.Liability for expenses of assisted person acting in a fiduciary, representative or official capacity.

    5. 37.Unassisted person acting in a fiduciary, representative or official capacity.

    6. 38.Application for revision of award of expenses against assisted person.

    7. 39.Recovery of expenses.

    8. 40.Recovery of payments out of property recovered or preserved.

    9. 41.Interest on sums outstanding.

    10. 42.Payment to solicitor who acts before award of legal aid made.

  9. PART VIII PARTICULAR COURTS, TRIBUNALS AND PROCEEDINGS

    1. 43.Appeals to the House of Lords.

    2. 44.Employment Appeal Tribunal.

    3. 45.Convention applications.

    4. 46.Applications under the European Judgements Convention.

    5. 47.Social Security Commissioners and Child Support Commissioners.

  10. Signature

    1. Schedule 1 –

      Regulations revoked.

    2. Schedule 2 –

      Rules for computing disposable income.

    3. Schedule 3 –

      Rules for computing disposable capital.

  11. Explanatory Note

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