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The Criminal Legal Aid (Scotland) Regulations 1987

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Duty of Board to cease to make criminal legal aid available and right to recover sums paid out of the Fund

18.—(1) The Board shall cease to make criminal legal aid available if it is satisfied that the assisted person has wilfully failed to comply with the provisions of these Regulations as to the information to be furnished by him or, in furnishing such information, has knowingly made a false statement or false representation.

(2)  Where the Board, in accordance with paragraph (1) above, ceases to make legal aid available–

(a)the Board shall have the right to recover from the assisted person the amount paid out of the Fund in respect of the fees and outlays of his solicitor and counsel; and

(b)the solicitor who acted for the assisted person shall have the right to receive from him the difference between the amount payable out of the Fund and the full amount which would be payable to him on a solicitor and client basis in respect of fees and outlays.

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