In the Civil Legal Aid (Scotland) Regulations 20022 after regulation 40(5) (recovery of payments out of property recovered or preserved) insert—

“(5A)

Where the Board has not paid—

(a)

the surplus monies referred to in paragraph (4)(e)(i); and

(b)

any interest referred to in paragraph (4)(e)(ii),

to the party, or to the person otherwise entitled to them, within five years of first making endeavours to do so paragraph (4)(e)(i) and (ii) ceases to apply in respect of those monies and that interest.”.