The Children’s Legal Assistance (Scotland) Regulations 2013

Termination of children’s legal aid in cases of false information, etc.

33.—(1) This regulation applies where after giving a person an opportunity of submitting representations, the Board is satisfied that that person has—

(a) in relation to any application for children’s legal aid, made an untrue statement as to that person’s resources or has failed to disclose any material fact concerning them, whether the statement was made or the failure occurred before or after children’s legal aid was made available to that person;

(b) wilfully failed to comply with these Regulations by not furnishing to the Board any material information concerning anything other than that person’s resources; or

(c) knowingly made an untrue statement in furnishing such information.

(2) The Board—

(a) may cease to make children’s legal aid available to that person in the matter or proceedings; and

(b) has the right to recover from that person the amount paid out of the Fund in respect of the fees and outlays of that person’s solicitors and counsel less any amount received from that person by way of contribution.

(3) The person is not entitled—

(a) to avail himself or herself of the provisions of regulation 18 (matters of special urgency) in respect of any later stages of the same proceedings in the same children’s hearing, court or any court to which those proceedings may be remitted;

(b) to children’s legal aid in relation to any later stages of the same proceedings in the same children’s hearing, court or any court to which those proceedings may be remitted; and

(c) to children’s legal aid in any appellate proceedings in relation to the same action, cause or matter, unless the Board considers that there is special reason to make children’s legal aid available for such appellate proceedings.