Part VII General and Supplementary

32 Selection and assignment of legal representatives.

1

Subject to the provisions of this section, a person entitled to receive advice or assistance or representation may F1select—

a

the solicitor to advise or assist or act for him, and

b

if the case requires counsel, his counsel,

from among the solicitors and counsel willingF1select the legal representative to advise, assist or act for him from among the legal representatives willingto provide advice, assistance or representation under this Act.

2

Where the Board limits a grant of representation under Part IV to representation in pursuance of a contract made by the Board, it may, as it thinks fit, assign to the legally assisted person F2a solicitor or a solicitor and counsel or direct that he may only select a solicitor from among those with whom such a contract subsists.F2one or more legal representatives or direct that he may only select a legal representative from among those with whom such a contract subsists.

3

A person’s right to select his F3solicitor or counselF3legal representativeis subject, in the case of representation under Part V, to regulations under subsection (8) below.

4

Subsection (1) above does not confer any right of selection in relation to proceedings under section 29 for the purposes of proceedings for contempt.

5

Where a court grants representation to a person for the purposes of proceedings for contempt, it may assign to him for the purposes of the proceedings any F4counsel or solicitorF4legal representativewho is within the precincts of the court at the time.

6

The selection by or assignment to a person of F5solicitor or counselF5a legal representativeshall not prejudice the law and practice relating to the conduct of proceedings by a F3solicitor or counselF3legal representativeor the circumstances in which a F3solicitor or counselF3legal representativemay refuse or give up a case or entrust it to another.

7

Regulations may provide that the right conferred by subsection (1) above shall be exercisable only in relation to F6solicitorsF6legal representativeswho are for the time being members of a prescribed panel.

C18

Regulations may provide as respects representation under Part V that subsection (1) above shall not apply in cases of any prescribed description and that in any such case a prescribed authority shall assign F7solicitor or counsel or solicitor and counselF7one or more legal representativesin accordance with regulations under section 2(7) to the person entitled to receive such representation.

F89

No solicitor or counsel who is for the time being excluded from legal aid work under section 47(2) of the M1Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal) or section 42 of the M2Administration of Justice Act 1985 (exclusion of barristers from legal aid work) may be selected or assigned under this section.

F89

None of the following persons may be selected or assigned under this section—

a

a solicitor who is for the time being excluded from legal aid work under section 47(2) of the Solicitors Act 1974 (powers of Solicitors Disciplinary Tribunal);

b

a barrister excluded from such work under section 42 of the Administration of Justice Act 1985 (exclusion of barristers from legal aid work);

c

any other legal representative excluded from such work for disciplinary reasons by an authorised body.

10

Notwithstanding subsection (1) above, a F9solicitorF9legal representativewho has been selected to act for a person under that subsection may himself select to act for that person, as the F10solicitor’sF10legal representative’sagent, any other F9solicitorF9legal representativewho is not for the time being excluded from selection.