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Administration of Justice Act 1985

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This is the original version (as it was originally enacted).

43Jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors

(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 [1974 c. 47.] Solicitors 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 any costs—

(a)otherwise payable under or in accordance with Part I or Part II of the [1974 c. 4.] Legal Aid Act 1974 ; or

(b)otherwise chargeable as mentioned in section 5(1) of that Act; or

(c)otherwise payable under regulations made by virtue of section 1(6) of the [1982 c. 44.] Legal Aid Act 1982,

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

(4)Accordingly, in so far as—

(a)any of sections 4, 5, 10(1) and 37(2) of the Legal Aid Act 1974; or

(b)any provision made by virtue of section 1(1) (b) of the Legal Aid Act 1982,

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 [1974 c. 47.] Solicitors 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.

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