The Children’s Legal Assistance (Scotland) Regulations 2013

Duty to report changes of circumstances

22.—(1) It is the duty of an applicant, an assisted person or a person acting on behalf of an applicant or assisted person where the facts are within the knowledge of that person, immediately to inform the Board of—

(a) any change in that applicant’s or assisted person’s circumstances, financial or otherwise; or

(b) any change in the circumstances, financial or otherwise, so far as known to that applicant person or person acting on behalf of an applicant or assisted person, of any other person jointly concerned with, or having the same interest in, the matter.

(2) Where a person acting on behalf of an applicant or assisted person has reason to believe that the applicant or assisted person has not complied with the duty under paragraph (1), the person must immediately draw this matter to the attention of the Board.

(3) In this regulation, “a person acting on behalf of an applicant or assisted person” includes—

(a) a solicitor, counsel, and other representative of the applicant or assisted person; or

(b) where the applicant or assisted person is a child, a solicitor, counsel, the child’s relevant person, safeguarder or other representative of the child (other than a solicitor).

(4) No solicitor or counsel is 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).