Part II Legal Aid Board and Legal Aid

4 Powers of the Board.

1

Subject to the provisions of this Act, the Board may do anything—

a

which it considers necessary or desirable to provide or secure the provision of advice, assistance and representation under this Act; or

b

which is calculated to facilitate or is incidental or conducive to the discharge of its functions;

and advice, assistance and representation may be provided in different ways in different areas in England and Wales and in different ways in different fields of law.

2

Without prejudice to the generality of subsection (1) above, the Board shall have power—

a

to enter into any contract including, subject to subsection (7) below, any contract to acquire or dispose of land;

b

to make grants (with or without conditions, including conditions as to repayment);

c

to make loans;

d

to invest money;

e

to promote or assist in the promotion of publicity relating to the functions of the Board;

f

to undertake any inquiry or investigation which the Board considers necessary or expedient in relation to the discharge of its functions; and

g

to give the Lord Chancellor such advice as it may consider appropriate in relation to the provision of advice, assistance and representation under this Act.

3

Subsection (1) above does not confer on the Board power to borrow money or to acquire and hold shares in bodies corporate or take part in forming bodies corporate.

4

The powers to provide advice, assistance or representation under this Part and to secure its provision under this Part by means of contracts with, or grants or loans to, other persons or bodies—

a

shall not be exercisable unless the Lord Chancellor so directs and then only to the extent specified in the direction; and

b

if exercisable, shall be exercised in accordance with any directions given by him.

5

The power to secure the provision of representation under Part IV by means of contracts with other persons shall only be exercisable in the classes of case prescribed in regulations.

6

Advice, assistance and representation provided by the Board under this Part may be granted with or without limitations and may be amended, withdrawn or revoked.

7

The power under subsection (2) above to enter into contracts to acquire or dispose of land shall not be exercised without the approval in writing of the Lord Chancellor.

8

The Board may, from time to time, prepare and submit to the Lord Chancellor proposals for the assumption by it of any functions in relation to the provision of advice, assistance or representation under this Act.