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Legal Profession and Legal Aid (Scotland) Act 2007

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This is the original version (as it was originally enacted).

72Civil legal aid: conditions and reviews

This section has no associated Explanatory Notes

(1)Section 14 (availability of civil legal aid) of the 1986 Act is amended in accordance with subsections (2) and (3) of this section.

(2)In subsection (1), for “subsection” substitute “subsections (1F) and”.

(3)After subsection (1E) (inserted by section 71(2) of this Act), insert—

“(1F)Legal aid made available to a person under subsection (1) may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.

(1G)The Board shall establish a procedure under which any person receiving civil legal aid under this section which is subject to conditions by virtue of subsection (1F) may apply to the Board for a review of any such condition.”.

(4)Section 29 (legal aid in certain proceedings relating to children) of the 1986 Act is amended in accordance with subsections (5) and (6) of this section.

(5)After subsection (5) insert—

“(5A)Legal aid made available to a person under subsection (2)(d) above or subsection (9) below may be subject to such conditions as the Board considers expedient; and such conditions may be imposed at any time.”.

(6)After subsection (6) insert—

“(6A)The Board shall establish a procedure under which any person whose application for legal aid under subsection (2)(d) above or subsection (9) below has been refused may apply to the Board for a review of his application.

(6B)The Board shall establish a procedure under which any person receiving legal aid under subsection (2)(d) above or subsection (9) below which is subject to conditions by virtue of subsection (5A) may apply to the Board for a review of any such condition.”.

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