The Legal Aid (General) (Amendment) (No. 2) Regulations 1988

2.  For regulation 91 there shall be substituted the following new regulation—

“Solicitor to pay moneys recovered to the Law Society

91.— (1) An assisted person’s solicitor shall forthwith—

(a) inform the appropriate area committee of any property recovered or preserved for the assisted person and send to the secretary a copy of the order or agreement by virtue of which the property was recovered or preserved; and

(b) subject to paragraphs (2) and (4), pay all moneys received by him under the terms of the order or agreement made in the assisted person’s favour to the Law Society.

(2) Where the appropriate area committee considers that the rights of the fund will thereby be safeguarded, it may direct the assisted person’s solicitor to—

(a) pay to the Law Society under paragraph (1)(b) only such sums as, in the opinion of the appropriate area committee, should be retained by the Law Society in order to safeguard the rights of the fund under any provisions of the Act and these Regulations; and

(b) pay any other moneys to the assisted person.

(3) Where in proceedings under any of the enactments referred to in regulation 97A(1), the property recovered or preserved for the assisted person includes—

(a) property which by order of the court or under the terms of any agreement reached is to be used as a home for the assisted person or his dependants; or

(b) money which by order of the court or under the terms of any agreement reached is to be used to purchase a home for the assisted person or his dependants,

the assisted person’s solicitor shall forthwith so inform the appropriate area committee.

(4) If the appropriate area committee considers and directs that the provisions of regulation 97A apply to any sum of money, paragraph (1)(b) shall not apply to it and the assisted person’s solicitor shall release it only in accordance with the provisions of that regulation.”.