These Regulations insert a new regulation 40(5A) into the Civil Legal Aid (Scotland) Regulations 2002 (“the 2002 Regulations”).

Regulation 40 of the 2002 Regulations concerns the handling of property recovered or preserved as a result of a civil claim or proceedings. Once the net liability to the Scottish Legal Aid Fund has been paid out of the property, there may be surplus monies. Regulation 40(4) places certain duties on the Scottish Legal Aid Board (“the Board”) in relation to holding the surplus monies and paying them to the party entitled to them. Regulation 40(5A) provides that where the Board has not been able to pay the surplus monies and interest under regulation 40(4)(e) within 5 years of first trying to do so, regulation 40(4)(e)(i) and (ii) ceases to apply to these monies and interest. A separate determination has been made by Scottish Ministers under section 4(3)(e) of the Legal Aid (Scotland) Act 1986 which enables the Board to pay the surplus monies and interest into the Scottish Legal Aid Fund when regulation 40(4)(e)(i) and (ii) has ceased to apply. The determination is available at www.slab.org.uk.