1. These regulations may be cited as the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2003 and shall come into force on 9th November 2003.
2. The Civil Legal Aid (Scotland) Regulations 2002(1) are amended in accordance with the following regulations.
3. For regulation 23(1) substitute–
“(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.”.
4. In regulation 23 insert after paragraph (3)–
“(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.”.
5. For regulation 26 substitute–
26.—(1) It shall be the duty of the solicitor acting for an applicant or assisted person to report to the Board in writing on such matters and in such form as the Board may require, and in accordance with any guidance issued from time to time by the Board.
(2) No solicitor shall be precluded, by reason of any privilege arising out of the relationship between solicitor and client, from making such report as is referred to in paragraph (1) above.”.
HUGH HENRY
Authorised to sign on behalf of the Scottish Ministers
St Andrew’s House, Edinburgh
2nd October 2003