United Kingdom · statute
Ask the law about thisMore laws of United KingdomFor machines: Markdown
In force since 2013-04-01, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
sha256 7f4bb30d161212f110c84ee53a95551fa354969251959c43dc60cbcbd183a4b7
No one has proposed a change to this act yet.
Legal Aid Act 1988 1988 c. 34 An Act to make new provision for the administration of, and to revise the law relating to, legal aid, advice and assistance. [29th July 1988] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a changeThe following sections shall be substituted for sections 41 and 42 of the Administration of Justice Act 1985— Application to legal aid complaints against barristers of disciplinary provisions. 41 (1) The disciplinary provisions applicable to barristers shall apply to legal aid complaints relating to the conduct of barristers as they apply to other complaints about their conduct. (2) Subject to any exclusion or restriction made by those provisions, any disciplinary tribunal which hears a legal aid complaint relating to the conduct of a barrister may, if it thinks fit and whether or not it makes any other order, order that any fees— (a) otherwise payable in connection with his services under or in accordance with the Legal Aid Act 1988, or (b) otherwise chargeable in connection with his services in respect of advice or assistance made available under Part III of that Act, shall be reduced or cancelled. (3) Accordingly, in so far as any of sections 9, 11, 15(6) and (7) and 25(2) of the Legal Aid Act 1988 (which relate to remuneration for legal aid work) has effect in relation to any fees reduced or cancelled by an order under subsection (2) above, it shall so have effect subject to the provisions of that order. (4) An appeal shall lie in the case of an order under subsection (2) above in the same manner as an appeal would lie in the case of any other order of such a tribunal. (5) The reference in subsection (2) above to a disciplinary tribunal is a reference to a tribunal acting under the disciplinary provisions applicable to barristers and it includes a reference to a member exercising any functions of the tribunal delegated to him. Exclusion of barristers from legal aid work. 42 (1) Subject to any exclusion or restriction made by the disciplinary provisions applicable to barristers, where a disciplinary tribunal hears a charge of professional misconduct or breach of professional standards against a barrister, it may order that he shall be excluded from legal aid work, either temporarily or for a specified period, if it determines that there is good reason for the exclusion arising out of— (a) his conduct in connection with any such services as are mentioned in section 40(1), or (b) his professional conduct generally. (2) Subsection (4) of section 41 shall apply to an order under subsection (1) as it applies to an order under subsection (2) of that section. (3) The disciplinary provisions applicable to barristers shall include provision enabling a barrister who has been excluded from legal aid work under this section to apply for an order terminating his exclusion from such work. (4) In this section— (a) the reference to a disciplinary tribunal shall be construed in accordance with section 41(5); and (b) references to a person being excluded from legal aid work are references to his being excluded from those who may be selected or assigned under section 32 of the Legal Aid Act 1988.
Propose a change