1. These Regulations may be cited as the Civil Legal Aid (Scotland) Amendment Regulations 2012 and come into force on 30th March 2012.
2. In the Civil Legal Aid (Scotland) Regulations 2002(1) 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.”.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
28th February 2012