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Administration of Justice Act 1985

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This is the original version (as it was originally enacted).

41Jurisdiction and powers of Senate Disciplinary Tribunals in relation to complaints against barristers

(1)The jurisdiction of a Senate Disciplinary Tribunal to hear and determine charges of professional misconduct against barristers shall include jurisdiction to hear and determine, as a charge of professional misconduct, any legal aid complaint relating to the conduct of a barrister and referred to the tribunal under this section in accordance with the regulations of the Senate.

(2)Such a tribunal may on the hearing of any such complaint, if it thinks fit and whether or not it makes any other order on the hearing, order that any fees—

(a)otherwise payable under or in accordance with Part I or Part II of the Legal Aid Act 1974, or

(b)otherwise chargeable as mentioned in section 5(1) of that Act (payment for advice and assistance otherwise than through client's contribution),

in connection with services provided by the barrister shall be reduced or cancelled.

(3)Accordingly, in so far as any of sections 4, 5, 10(1) and 37(2) of the Legal Aid Act 1974 (which relate to remuneration for legal aid work) has effect in relation to any fees reduced or cancelled by an order under subsection (2), it shall so have effect subject to the provisions of that order.

(4)An appeal shall lie in the case of an order of a Senate Disciplinary Tribunal under subsection (2) in the same manner as an appeal would lie in the case of any other order of such a tribunal.

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