Textual Amendments
F1Ss. 35A-35C inserted (1.10.1997) by 1997 c. 48, s.53; S.I. 1997/2323, art. 6, Sch.3
(1)Where it appears to the Board that any solicitor has, in connection with the provision of criminal legal assistance, acted in such a way as to justify action being taken against him by the Law Society or the Scottish Solicitors’ Discipline Tribunal it shall refer the matter to either of those bodies so that they can consider whether to take action under section 31(3) of this Act.
(2)Where it appears to the Board that any solicitor may have been guilty of a criminal offence it shall refer the matter to the police or the procurator fiscal, so that they can consider whether any criminal offence may have been committed.
(3)Where the Board refers a matter to any of the bodies mentioned in subsections (1) or (2) above, it may disclose to that body any information or documents which it has obtained from the solicitor concerned under this Act.
(4)Where the Board has referred a matter to any of the bodies mentioned in subsections (1) or (2) above it may—
(a)suspend the solicitor concerned from providing criminal legal assistance; and
(b)withhold payment of any fees due to him in respect of such work,
pending the outcome of the investigation by the body or bodies to which the matter has been referred.
(5)A solicitor who is suspended from providing criminal legal assistance under subsection (4)(a) above shall, in accordance with arrangements approved by the Board, transfer—
(a)any work currently being undertaken by him for any client by way of criminal legal assistance; and
(b)notwithstanding any lien to which he might otherwise be entitled, any documents connected with any such work,
to a solicitor (or, where registration is in force, a registered solicitor).
Textual Amendments
F2Ss. 35A-35C inserted (1.10.1997) by 1997 c. 48, s.53; S.I. 1997/2323, art. 6, Sch.3