The Civil Legal Aid (Scotland) Regulations 1996

Recovery of expenses

39.—(1) This regulation applies where–

(a) any sum of money is recoverable under any award of or agreement as to expenses in favour of any party in any proceedings in respect of which he is or has been in receipt of legal aid; and

(b) that sum of money is due to be paid to the Board in terms of section 17(2A) of the Act(1).

(2) The Board may–

(a) take such proceedings in its own name or in the name of that party as may be necessary to ensure payment of any such sum to the Board, including proceedings to enforce or to give effect to any such award or agreement; and

(b) for those purposes do diligence in its own name or in the name of that party.

(3) Where any such sum is paid directly to the Board, the receipt of the Board shall be a good discharge therefor.

(1)

Subsection (2A) was inserted in section 17 by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Schedule 8, paragraph 36(6).