Part VIIE+W General and Supplementary
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33 Legal aid complaints against barristers and their exclusion from legal aid work.E+W
The following sections shall be substituted for sections 41 and 42 of the Administration of Justice Act 1985—
“41 Application to legal aid complaints against barristers of disciplinary provisions.
(1)The disciplinary provisions applicable to barristers shall apply to legal aid complaints relating to the conduct of barristers as they apply to other complaints about their conduct.
(2)Subject to any exclusion or restriction made by those provisions, any disciplinary tribunal which hears a legal aid complaint relating to the conduct of a barrister may, if it thinks fit and whether or not it makes any other order, order that any fees—
(a)otherwise payable in connection with his services under or in accordance with the Legal Aid Act 1988, or
(b)otherwise chargeable in connection with his services in respect of advice or assistance made available under Part III of that Act,
shall be reduced or cancelled.
(3)Accordingly, in so far as any of sections 9, 11, 15(6) and (7) and 25(2) of the Legal Aid Act 1988 (which relate to remuneration for legal aid work) has effect in relation to any fees reduced or cancelled by an order under subsection (2) above, it shall so have effect subject to the provisions of that order.
(4)An appeal shall lie in the case of an order under subsection (2) above in the same manner as an appeal would lie in the case of any other order of such a tribunal.
(5)The reference in subsection (2) above to a disciplinary tribunal is a reference to a tribunal acting under the disciplinary provisions applicable to barristers and it includes a reference to a member exercising any functions of the tribunal delegated to him.
42 Exclusion of barristers from legal aid work.
(1)Subject to any exclusion or restriction made by the disciplinary provisions applicable to barristers, where a disciplinary tribunal hears a charge of professional misconduct or breach of professional standards against a barrister, it may order that he shall be excluded from legal aid work, either temporarily or for a specified period, if it determines that there is good reason for the exclusion arising out of—
(a)his conduct in connection with any such services as are mentioned in section 40(1), or
(b)his professional conduct generally.
(2)Subsection (4) of section 41 shall apply to an order under subsection (1) as it applies to an order under subsection (2) of that section.
(3)The disciplinary provisions applicable to barristers shall include provision enabling a barrister who has been excluded from legal aid work under this section to apply for an order terminating his exclusion from such work.
(4)In this section—
(a)the reference to a disciplinary tribunal shall be construed in accordance with section 41(5); and
(b)references to a person being excluded from legal aid work are references to his being excluded from those who may be selected or assigned under section 32 of the Legal Aid Act 1988.”
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41 Application to Crown.E+W
This Act binds the Crown.
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43 Definitions.E+W
In this Act—
“advice ”, “assistance ”[, “mediation ”]and “representation ” have the meanings assigned to them by section 2(2), (3) [, (3A)]and (4) respectively subject, however, to the other provisions of that section;
[“authorised body ” has the meaning assigned by section 119(1) of the Courts and Legal Services Act 1990;]
“the Board ” has the meaning assigned to it by section 3(1);
“determination ”, in relation to the costs of advice or assistance [, “mediation ”]or representation for the purposes of proceedings, includes taxation and assessment;
“financial resources ”, in relation to any person, includes any valuable facility which is available to him;
[“ family matters ” has the meaning assigned by section 13A(2);]
[“legal representative ” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;]
[“mediator ” means a person with whom the Board contracts for the provision of mediation by any person.]
“order for costs ” includes any judgment, order, decree, award or direction for the payment of the costs of one party to any proceedings by another party, whether given or made in those proceedings or not;
“prescribed ” means prescribed by regulations made by the Lord Chancellor under this Act;
“proceedings for contempt ” has the meaning assigned to it by section 29(1);
“regulations ” means regulations made by the Lord Chancellor under this Act;
“sentence ”, in relation to a person, includes any order made on his conviction of an offence;
“solicitor ” means solicitor of the Supreme Court;
“statutory inquiry ” has the meaning assigned to it by [section 16(1) of the Tribunals and Inquiries Act 1992]; and
“tribunal ” includes an arbitrator or umpire, however appointed, and whether the arbitration takes place under a reference by consent or otherwise.