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The Civil Legal Aid (Scotland) Regulations 2002
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- Scottish Statutory Instruments
- 2002 No. 494
- PART VI
- Regulation 32
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Changes and effects yet to be applied to Regulation 32:
- Regulations applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
- Blanket amendment words substituted by S.I. 2011/1043 art. 3-6 8-10
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 2 para. 5(f) added by S.I. 2008/1879 reg. 38(4)
- Sch. 2 para. 5(g) inserted by S.S.I. 2013/137 reg. 13(3)
- Sch. 2 para. 7(g) inserted by S.S.I. 2013/142 reg. 7(4)(c)
- Sch. 2 para. 7(f) inserted by S.S.I. 2013/65 reg. 7
- sch. 2 para. 7(h) inserted by S.S.I. 2020/424 reg. 3(4)
- sch. 2 para. 7(i)(j) inserted by S.S.I. 2021/73 reg. 8
- sch. 2 para. 7(k)(l) inserted by S.S.I. 2022/31 reg. 8(3)
- sch. 2 para. 5(h) inserted by S.S.I. 2023/11 reg. 3(4)(a)
- sch. 2 para. 7(m) inserted by S.S.I. 2023/11 reg. 3(4)(b)
- Sch. 2 para. 5(i) inserted by S.S.I. 2023/178 reg. 6(4)(b)
- Sch. 2 para. 5(n) inserted by S.S.I. 2023/178 reg. 6(4)(c)
- Sch. 2 para. 7(o) inserted by S.S.I. 2023/313 reg. 6(4)
- Sch. 2 para. 7(p)(q) inserted by S.S.I. 2024/141 reg. 6
- Sch. 2 para. 7(f) words omitted by S.S.I. 2013/142 reg. 7(4)(b)
- Sch. 2 para. 5(h) words substituted by S.S.I. 2023/178 reg. 6(4)(a)
- sch. 3 para. 8(d)-(f) inserted by S.S.I. 2020/424 reg. 3(5)
- Sch. 3 para. 8(g) inserted by S.S.I. 2021/333 reg. 3(4)
- sch. 3 para. 8(h)-(j) inserted by S.S.I. 2023/11 reg. 3(5)
- Sch. 3 para. 8(k) inserted by S.S.I. 2023/313 reg. 6(5)
- Sch. 3 para. 8(j) words inserted by S.S.I. 2023/178 reg. 6(5)(b)
- Sch. 3 para. 8(i) words substituted by S.S.I. 2023/178 reg. 6(5)(a)
- reg. 2A inserted by S.S.I. 2011/161 reg. 7(2)
- reg. 4(1)(m) inserted by S.S.I. 2016/257 reg. 3(2)
- reg. 4(1)(n) inserted by S.S.I. 2017/310 reg. 3(2)
- reg 11A added by S.I. 2010/461 reg 3
- reg 13A added by S.S.I. 2006/325 reg 6
- reg 13A am by S.S.I. 2007/425 regs 3 4
- reg. 13A(2)(c) words omitted by S.S.I. 2011/161 reg. 7(4)
- reg. 18(2)(w) omitted by S.S.I. 2010/166 reg. 6(3)
- reg. 18(3A)(3B) omitted by S.S.I. 2011/134 reg. 5(c)
- reg. 21(1)(ca) inserted by S.S.I. 2015/380 reg. 3(4)
- reg 23A added by S.S.I. 2004/491 regs 2 4(1)
- reg 31A added by S.S.I. 2004/491 regs 2 4(4)
- reg. 33(a)(xiv) inserted by S.S.I. 2013/142 reg. 7(3)(b)
- reg. 33(a)(xix)-(xxii) inserted by S.S.I. 2022/31 reg. 8(2)
- reg. 33(a)(xiii) inserted by S.S.I. 2013/137 reg. 13(2)
- reg. 33(a)(xviii) inserted by S.S.I. 2021/333 reg. 3(3)
- reg. 33(a)(xxiii)(xxiv) inserted by S.S.I. 2023/11 reg. 3(3)(a)
- reg. 33(a)(xv)-(xvii) inserted by S.S.I. 2020/424 reg. 3(3)
- reg. 33(c)(d) substituted for reg. 33(c) by 2002 asp 17 Sch. 3 para. 38
- reg. 33(e) inserted by S.S.I. 2023/11 reg. 3(3)(b)
- reg. 33(e) words inserted by S.S.I. 2023/178 reg. 6(3)
- reg. 33(xxv) inserted by S.S.I. 2023/313 reg. 6(3)
- reg. 40(5A) inserted by S.S.I. 2012/64 reg. 2
- reg. 45(3)(c)(ii)(aa) words omitted by S.S.I. 2011/161 reg. 7(8)(b)
- reg. 46(1)(c) inserted by S.I. 2011/1484 Sch. 7 para. 30(a)
- reg. 46(1)(c) omitted by S.I. 2019/519 Sch. para. 34(a)
- reg. 46(1)(d) inserted by S.S.I. 2012/301 Sch. para. 4(2)(a)
- reg. 46(1)(d)(ii) words omitted by S.S.I. 2020/441 reg. 9(2)
- reg. 46(3)(4) inserted by S.I. 2011/1484 Sch. 7 para. 30(b)
- reg. 46(3) words inserted by S.S.I. 2012/301 Sch. para. 4(2)(b)
- reg. 46(4) omitted by S.I. 2019/519 Sch. para. 34(b)
- reg. 46(5) inserted by S.S.I. 2012/301 Sch. para. 4(2)(c)
- reg 48 added by S.S.I. 2004/491 regs 2 5
- reg. 48 omitted by S.S.I. 2020/441 reg. 9(3)
Termination of legal aid and right of Board to recover sums paid out of the Fund in cases of false information, etc.S
32.—(1) This regulation applies where after giving a person an opportunity of submitting representations, the Board is satisfied that that person has–
(a)in relation to any application for legal aid, made an untrue statement as to that person’s resources or has failed to disclose any material fact concerning them, whether the statement was made or the failure occurred before or after legal aid was made available to that person;
(b)wilfully failed to comply with these Regulations by not furnishing to the Board any material information concerning anything other than that person’s resources; or
(c)knowingly made an untrue statement in furnishing such information.
(2) The Board–
(a)may cease to make legal aid available to that person in the matter or proceedings; and
(b)shall have the right to recover from that person the amount paid out of the Fund in respect of the fees and outlays of that person’s solicitors and counsel less any amount received from that person by way of contribution.
(3) The person–
(a)shall be deemed, for the purposes of sections 18 and 19 of the Act M1, never to have been an assisted person;
(b)shall not be entitled to avail himself or herself of the provisions of regulation 18 in respect of any later stages of the same proceedings in the same court or any court to which those proceedings may be remitted;
(c)shall not be entitled to legal aid in relation to any later stages of the same proceedings in the same court or any court to which those proceedings may be remitted; and
(d)shall not be entitled to legal aid in any appellate proceedings in relation to the same action, cause or matter, unless the Board considers that there is special reason to make legal aid available for such appellate proceedings.
Marginal Citations
M1Section 18 was amended by the Legal Aid Act 1988 (c.34), Schedule 4, Part II, paragraph 7; section 19 was amended by the Legal Aid Act 1988, Schedule 4, Part II, paragraph 8.
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