Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the Civil Legal Aid (Scotland) Regulations 2002 (“the 2002 Regulations”) to provide that–
(a)applicants for civil legal aid, assisted persons and solicitors and counsel will be subject to a duty to inform the Board of any circumstance which may affect the Board’s decision to make civil legal aid available (regulation 3);
(b)the duty on a solicitor or counsel under regulation 23(1) of the 2002 Regulations to report to the Board any change in circumstances, and the duty under regulation 23(2) to report to the Board any failure by an applicant or assisted person to report a change of circumstances, overrides any privilege that arises out of the relationship between counsel, solicitor and client (regulation 4);
(c)solicitors will have a duty to provide the Board with such information, and in such form, as may be required by the Board. The Regulations expressly provide that this duty over-rides any privilege that arises out of the relationship between solicitor and client (regulation 5).