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The Civil Legal Aid (Scotland) Regulations 2002
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- Scottish Statutory Instruments
- 2002 No. 494
- PART VII
- Regulation 36
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Liability for expenses of assisted person acting in a fiduciary, representative, official or other capacity
36.—(1) Where an order for expenses is made against an assisted person who is concerned in proceedings in a fiduciary, representative or official capacity, that person shall have the benefit of section 18(2) of the Act and that person’s personal resources shall not be taken into account for that purpose, but regard shall be had to the value of the property or estate, or the amount of the fund out of which that person is entitled to be indemnified.
(2) Where an order for expenses is made against an assisted person who is concerned in proceedings only as claiming or having an interest in the property, financial affairs or personal welfare of an incapable adult under the Adults with Incapacity (Scotland) Act 2000(1), that person shall have the benefit of section 18(2) of the Act and that person’s personal resources shall not be taken into account for that purpose, but regard shall be had to the personal resources of the incapable adult.
(1)
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