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PART IIILegal Aid

Legal aid complaints

42Exclusion of barrister from legal aid work

(1)Where on the hearing of a charge of professional misconduct against a barrister (whether pursuant to section 41(1) or otherwise) a Senate Disciplinary Tribunal determines that there is good reason for so ordering arising out of

(a)the barrister's conduct in connection with any such matters as are mentioned in paragraphs (a) to (c) of section 40(1); or

(b)his professional conduct generally,

the tribunal may order that the barrister shall be excluded from legal aid work (either permanently or for a specified period).

(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)A barrister who has been excluded from legal aid work by an order under subsection (1) may, in accordance with the regulations of the Senate, make an application to a Senate Disciplinary Tribunal for an order terminating his exclusion from such work.

(4)In this section references to a person being excluded from legal aid work are references to his being excluded from those who may be selected under section 12 of the [1974 c. 4.] Legal Aid Act 1974 and from those who may be assigned to act for legally assisted persons.