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Legal Aid Act 1988
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- UK Public General Acts
- 1988 c. 34
- Part VII
- Section 31
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Version Superseded: 25/07/1991
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Legal Aid Act 1988, Section 31 is up to date with all changes known to be in force on or before 21 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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31 Act not generally to affect position of legal representatives or other parties.E+W
(1)Except as expressly provided by this Act or regulations under it—
(a)the fact that the services of [F1a legal representative] are given under this Act shall not affect the relationship between or rights of [F2the legal representative]and client or any privilege arising out of such relationship; and
(b)the rights conferred by this Act on a person receiving advice, assistance or representation under it shall not affect the rights or liabilities of other parties to the proceedings or the principles on which the discretion of any court or tribunal is normally exercised.
(2)Without prejudice to the generality of subsection (1)(b) above, for the purpose of determining the costs of a legally assisted person in pursuance of an order for costs or an agreement for costs in his favour (other than an order under Part II of the M1Prosecution of Offences Act 1985) the services of his [F3legal representative]shall be treated as having been provided otherwise than under this Act and his [F4legal representative shall be treated as having paid the fees of any additional legal representative instructed by him].
(3)A person who provides advice, assistance or representation under this Act shall not take any payment in respect of the advice, assistance or representation except such payment as is made by the Board or authorised by, or by regulations under, this Act.
(4)The revocation under this Act of a grant (or, in the case of Part III, of approval for a grant) of advice, assistance or representation to a legally assisted person shall not affect the right of any legal representative of his, arising otherwise than under a contract, to remuneration for work done before the date of the revocation.
Textual Amendments
F1Words in s. 31(1)(a) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(1)(a); S.I.1991/608, art. 2, Sch.
F2Words in s. 31(1)(a) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 62(1)(a); S.I.1991/608, art. 2, Sch.
F3Words in s. 31(2) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(3)(c); S.I. 1991/608, art. 2, Sch.
F4Words in s. 31(2) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s., 125(3), Sch. 18 para. 62(1)(b); S.I.1991/608, art. 2, Sch.
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