The Legal Aid in Contempt of Court Proceedings (Scotland) Regulations 1992

Duty of Board to cease to make legal aid available and right to recover sums paid out of the Fund

8.—(1) The Board shall cease to make legal aid available under section 30(3) of the Act if it is satisfied, after taking account of any explanation offered by the assisted person in respect of sub-paragraphs (a) to (d) below, that he—

(a) has wilfully failed to comply with the provisions of these Regulations as to the information to be furnished by him; or

(b) knowingly made a false statement or false representation in furnishing such information; or

(c) has conducted himself in connection with the proceedings in such a way as to make it appear to the Board unreasonable that he should continue to receive legal aid; or

(d) has wilfully or deliberately given false information for the purpose of midleading the Board in considering his financial circumstances under section 24 of the Act.

(2) Where the Board, in accordance with paragraph (1) above, ceases to make legal aid available—

(a) the Board shall have the right to recover from that person the amount paid out of the Fund in respect of the fees and outlays of his solicitor and counsel;

(b) the solicitor who acted for the assisted person shall have the right to receive from him the difference between the amount payable out of the Fund and the full amount which would be payable to him on a solicitor and client basis in respect of fees and outlays; and

(c) the Board may direct that the assisted person shall cease to be entitled to legal aid in connection with those proceedings.