The Children’s Legal Assistance (Scotland) Regulations 2013

Assessment of resources, etc. of person making application in representative, fiduciary, official or other capacity

14.—(1) Where the applicant is a person who is concerned in the proceedings only in a representative, fiduciary or official capacity, then for the purpose of determining that person’s disposable income and disposable capital, and the amount of any contribution required under section 28K of the Act(1), the personal resources of the applicant are to be disregarded, but regard must be had to the value of any property or the amount of any fund out of which the applicant is entitled to be indemnified and to the disposable income and disposable capital of any persons (including the applicant if appropriate) who might benefit from the outcome of the proceedings.

(2) Where a person applies for children’s legal aid in connection with any proceedings in which that person is concerned in a representative, fiduciary or official capacity and it appears to the Board that the applicant is entitled, whether by an order of the court or otherwise, to be indemnified in respect of the applicant’s expenses in connection with the proceedings out of a fund or by a third party, it must not grant children’s legal aid unless it is satisfied that the Fund cannot reasonably be expected to bear the expense of the proceedings or, as the case may be, that the third party would, if a party to the proceedings, be entitled to children’s legal aid.

(1)

Section 28K was inserted by section 191 of the 2011 Act.