The Children’s Legal Assistance (Scotland) Regulations 2013

Applicant having rights and facilities in relation to litigation

15.—(1) Subject to paragraph (2), where it appears to the Board that an applicant has available rights and facilities making it unnecessary for that applicant to obtain children’s legal aid or has a reasonable expectation of obtaining financial or other help from a body of which that applicant is a member, the Board must not approve the application unless the applicant has not succeeded in enforcing or obtaining such rights, facilities or help, after having taken, in the opinion of the Board, all reasonable steps to enforce or obtain them:

(2) Where it appears that the applicant has a right to assistance in the conduct of the proceedings in question, that applicant is not, for the purpose of this regulation, deemed to have failed to take all reasonable steps by reason only that the applicant has not taken proceedings by way of declarator or otherwise to enforce that right.

(3) Where the Board approves an application by a person who is a member of a body which might reasonably have been expected to give that person financial help towards the expenses of the proceedings, the Board must require that person to sign an undertaking to pay to the Board, in addition to a contribution if any, any sum received from that body on account of the expenses of the proceedings.