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The Civil Legal Aid (Scotland) Regulations 2002

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Power of Board to suspend availability of legal aid

29.—(1) The Board may suspend for a period of up to 90 days the availability of legal aid (and, in that event, must notify the assisted person in terms of regulation 19(3) above), where satisfied that–

(a)the assisted person has without reasonable cause failed–

(i)to comply with any condition, whether a requirement of the grant of legal aid by virtue of section 14(2) of the Act and regulation 19(2) above, or whether modified or newly imposed in terms of said section and regulation 27 above, or

(ii)to pay by the due date any contribution, or any instalment thereof, required in terms of regulation 17 above;

(b)it requires to consider whether in any case information which it has received regarding any of the grounds specified in regulations 30, 31 or 32 below merits termination of legal aid; or

(c)the solicitor nominated to act for the assisted person has ceased so to act.

(2) At the end of the said period the Board shall–

(a)make legal aid available again;

(b)suspend the availability of legal aid for one further period of up to 90 days; or

(c)cease to make such legal aid available in terms of regulations 30, 31 and 32 below.

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