(1)The Solicitors Disciplinary Tribunal shall have jurisdiction to hear and determine any legal aid complaint relating to the conduct of a solicitor and made to the Tribunal under this section by or on behalf of the Law Society.
(2)In the following provisions of the M1Solicitors Act 1974, namely—
(a)subsections (7) to (11) of section 46 (procedure of Tribunal); and
(b)section 47(2) (powers of Tribunal),
any reference to a complaint or to a complaint made to the Tribunal under that Act shall be construed as including a reference to a legal aid complaint or to a legal aid complaint made to the Tribunal under this section.
(3)On the hearing of a legal aid complaint against a solicitor the Tribunal may, if it thinks fit and whether or not it makes any other order on the hearing, order that [F1any costs otherwise payable by the Legal Services Commission in connection with services provided by the solicitor as part of the Community Legal Service or Criminal Defence Service] shall be reduced or cancelled.
(4)Accordingly, in so far as [F2any of sections 9, 11, 15(6) and (7) and 25(2) of, or any provision made under, the Legal Aid Act 1988] has effect in relation to any costs reduced or cancelled by an order under subsection (3), it shall so have effect subject to the provisions of that order.
(5)Without prejudice to the generality of subsection (1)(b) of section 49 of the M2Solicitors Act 1974, an appeal shall lie to the High Court under that section against an order of the Tribunal under subsection (3), but such an appeal shall lie only at the instance of the solicitor with respect to whom the legal aid complaint was made.
(6)In this section “costs” includes fees, charges, disbursements, expenses and remuneration.
Textual Amendments
F1Words in s. 43(3) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 para.36 (with Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii) (subject to arts. 3, 4)
F2Words substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45(1), Sch. 5 para. 18(b)
Marginal Citations