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The Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001

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PART IV—WITHDRAWAL OF LEGAL ASSISTANCE

41.—(1) The Tribunal may withdraw legal assistance where:

(a)the assisted person has requested that it do so;

(b)there has been a change of circumstances in relation to any of the factors which the Tribunal took into account in deciding that legal assistance should be granted;

(c)the assisted person has failed to provide any relevant information or evidence;

(d)the assisted person has made a false statement regarding his financial resources;

(e)the assisted person has failed to pay all or part of any contribution required by the Tribunal; or

(f)it appears to the Tribunal to be in the interests of justice to do so.

(2) Before the Tribunal withdraws legal assistance, it shall take into account any representations which are made within a reasonable time by or on behalf of the assisted person.

(3) Where legal assistance is withdrawn, the Tribunal shall provide written notification of the withdrawal and of the reason for it to the assisted person and his solicitor, who shall inform any assigned advocate.

(4) On any subsequent application by the assisted person for legal assistance in respect of the same proceedings, he shall declare the withdrawal of legal assistance and the reason for it.

Duty to report abuse

42.  Notwithstanding the relationship between or rights of a representative and client or any privilege arising out of any such relationship, where the representative for an assisted person knows or suspects that that person:

(a)has intentionally failed to comply with any provision of these Regulations concerning the information to be provided by him; or

(b)in providing such information has knowingly made a false statement or false representation

the representative shall immediately report the circumstances to the Tribunal.

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