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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Section 28: Position of providers of services

200.Section 28 makes provision similar to the provisions currently set out at section 22(1), (2) and (3) of the Access to Justice Act 1999.

201.Subsection (1) provides that, unless regulations state otherwise, the provision of legal aid to an individual does not affect the relationship between the individual and the provider of the services, including any lawyer-client privilege.

202.Subsection (2) provides that providers of legal aid may not seek remuneration (or a “top up” payment) from their clients in addition to that provided under the legal aid scheme, unless the Lord Chancellor authorises them to do so.

203.Subsection (3) provides that regulations may allow for a provider to be entitled to be paid for work done up to the time when a determination that a person qualifies for legal aid is withdrawn.

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