Legal Aid Act 1988

Status:

Point in time view as at 01/05/1991. This version of this provision has been superseded.

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Legal Aid Act 1988, Section 32 is up to date with all changes known to be in force on or before 23 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.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

32 Selection and assignment of legal representatives.E+W

(1)Subject to the provisions of this section, a person entitled to receive advice or assistance or representation may [F1select the legal representative to advise, assist or act for him from among the legal representatives willing] to 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 [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 [F3legal representative]is 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 [F4legal representative]who is within the precincts of the court at the time.

(6)The selection by or assignment to a person of [F5a legal representative]shall not prejudice the law and practice relating to the conduct of proceedings by a [F3legal representative]or the circumstances in which a [F3legal representative]may 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 [F6legal representatives]who are for the time being members of a prescribed panel.

(8)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 [F7one or more legal representatives]in accordance with regulations under section 2(7) to the person entitled to receive such representation.

[F8(9)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 [F9legal representative]who has been selected to act for a person under that subsection may himself select to act for that person, as the [F10legal representative’s]agent, any other [F9legal representative]who is not for the time being excluded from selection.

Textual Amendments

F1Words in s. 32(1) substituted (1. 4. 1991)by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 124(3), 125(3), Sch. 18 para. 62(2)(a); S.I. 1991/608, art. 2, Sch.

F2Words in s. 32(2) substituted (1. 4. 1991) by Court and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18, para. 62(2)(b); S.I.1991/608, art. 2, Sch.

F3Words in s. 32 substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(3)(a).; S.I.1991/608, art. 2, Sch.

F4Words in s. 32(5) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(3)(b); S.I. 1991/608, art. 2, Sch.

F5Words in s. 32(6) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(1)(b); S.I. 1991/608, art. 2, Sch.

F6Words in s. 32(7) substituted (1. 4. 1991)by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(5)(a); S.I.1991/608, art. 2, Sch.

F7Words in s. 32(8) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 62(2)(c); S.I.1991/608, art. 2, Sch.

F8S. 32(9) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 62(2)(d); S.I.1991/608, art. 2, Sch.

F9Words in s. 32(10) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(4); S.I.1991/608, art. 2, Sch.

F10Words in s. 32(10) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 63(2); S.I. 1991/608, art. 2, Sch.

Modifications etc. (not altering text)