Legal Aid Act 1988

Part I E+W Preliminary

1 Purpose of this Act. E+W

The purpose of this Act is to establish a framework for the provision under Parts II, III, [F1 IIIA]IV, V and VI of advice, assistance and representation which is publicly funded with a view to helping persons who might otherwise be unable to obtain advice, assistance [F2 , mediation] or representation on account of their means.

Textual Amendments

F1 In s. 1 "IIIA" inserted (21.3.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. II para. 44(2); S.I. 1997/1077, art.2

F2 Word in s. 1 inserted (21.3.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. II para.44(3); S.I. 1997/1077, art.2

2 Interpretation. E+W

(1) This section has effect for the interpretation of this Act.

(2) “Advice ” means oral or written advice on the application of English law to any particular circumstances that have arisen in relation to the person seeking the advice and as to the steps which that person might appropriately take having regard to the application of English law to those circumstances.

(3) “Assistance ” means assistance in taking any of the steps which a person might take, including steps with respect to proceedings, having regard to the application of English law to any particular circumstances that have arisen in relation to him, whether by taking such steps on his behalf (including assistance by way of representation) or by assisting him in taking them on his own behalf.

[F3 (3A) “Mediation ” means mediation to which Part IIIA of this Act applies; and includes steps taken by a mediator in any case—

(a) in determining whether to embark on mediation;

(b) in preparing for mediation; and

(c) in making any assessment under that Part.]

(4) “Representation ” means representation for the purposes of proceedings and it includes—

(a) all such assistance as is usually given by a [F4 legal representative]in the steps preliminary or incidental to any proceedings;

(b) all such assistance as is usually so given in civil proceedings in arriving at or giving effect to a compromise to avoid or bring to an end any proceedings; and

(c) in the case of criminal proceedings, advice and assistance as to any appeal;

and related expressions have corresponding meanings.

(5) Regulations may specify what is, or is not, to be included in advice or assistance of any description, or representation for the purposes of proceedings of any description, to which any Part or provision of a Part of this Act applies and the regulations may provide for the inclusion, in prescribed circumstances, of advice or assistance given otherwise than under this Act.

(6) Advice, assistance and representation under this Act, except when made available under Part II, [F5 shall only be by legal representatives], but in the case of Part II, may be by other persons.

[F6 (7) Subject to section 59 of the Courts and Legal Services Act 1990, regulations—

(a) may prescribe the circumstances in which representation shall be only by one legal representative and may require him to be from a prescribed category;

(b) may regulate representation by more than one legal representative from any one or more prescribed categories.

(7A) If it is satisfied that the circumstances of a particular case in the Supreme Court or the House of Lords warrant a direction under this subsection, the Board or, in the case of criminal proceedings the competent authority, may direct that representation in that case shall be by one legal representative.

(7B) In subsection (7A), “competent authority ” shall be construed in accordance with section 20.]

(8) The Lord Chancellor may, if it appears to him to be necessary to do so for the purpose of fulfilling any obligation imposed on the United Kingdom or Her Majesty’s Government in the United Kingdom by any international agreement, by order direct that such advice or assistance relating to the application of other laws than English law as is specified in the order shall be advice or assistance for any of the purposes of this Act.

(9) For the purposes of the application of subsection (8) above in the case of an obligation to provide for the transmission to other countries of applications for legal aid under their laws, the reference to advice or assistance relating to the application of other laws includes a reference to advice or assistance for the purposes of making and transmitting such an application.

(10) In this Act “person ” does not include a body of persons corporate or unincorporate which is not concerned in a representative, fiduciary or official capacity so as to authorise advice, assistance or representation to be granted to such a body.

(11) In this Act “legally assisted person ” means any person who receives, under this Act, advice, assistance [F7 , mediation] or representation and, in relation to proceedings, any reference to an assisted party or an unassisted party is to be construed accordingly.

Textual Amendments

F3 S. 2(3A) inserted (21.3.1997) by 1996 c. 27, s. 26(2); S.I. 1997/1077, art. 2

F4 Words in s. 2(4) 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.

F5 Words in s. 2(6) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 61(1); S.I. 1991/608, art. 2, Sch.

F6 S. 2(7)(7A)(7B) substituted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 61(2).; S.I. 1991/608, art. 2, Sch.

F7 Word in s. 2(11) inserted (21.3.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. II para. 44(3); S.I. 1997/1077, art.2

Modifications etc. (not altering text)

C1 S. 2(7) restricted (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 59(1)(2); S.I. 1991/608, art. 2, Sch.

Part II E+W Legal Aid Board and Legal Aid

[F8 3 The Legal Aid Board. E+W

(1) There shall be established a body to be known as the Legal Aid Board (in this Act referred to as “the Board ”).

(2) Subject to subsections (3) and (4) below, the Board shall have the general function of securing that advice, assistance [F9 , mediation]and representation are available in accordance with this Act and of administering this Act.

(3) Subsection (2) above does not confer on the Board any functions with respect to the grant of representation under Part VI for the purposes of proceedings for contempt.

(4) Subsection (2) above does not confer on the Board any of the following functions unless the Lord Chancellor so directs by order and then only to the extent specified in the order.

The functions referred to are—

(a) determination of the costs of representation under Part IV;

(b) functions as respects representation under Part V other than determination of the costs of representation for the purposes of proceedings in magistrates’ courts;

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) determination of the financial resources of persons for the purposes of this Act.

F8 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F8 S. 3 repealed (1.4.2001 in relation to s. 3(5)-(10) and otherwiseprosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F9 Word in s. 3(2) inserted (21.3.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. II para. 44(3); S.I. 1997/1077, art. 2

F10 S. 3(4)(c) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(2), Sch. 15; S.I. 1991/828, art. 3(2)

[F11 4 Powers of the Board. E+W

(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 [F12 , mediation] 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 [F12 , mediation] 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 [F12 , mediation]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 [F12 , mediation]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.

F11 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F11 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F11 S. 4 repealed (1.4.2000 in relation to s. 4(5)(8) and otherwiseprosp.) by 1999 c. 22, ss. 106, 108(1), Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F12 Words in s. 4(1)(2)(4) inserted (21.3.1997) by 1996 c. 27, 66(1), Sch. 8 Pt. II para. 44(3); S.I. 1997/1077, art. 2

F13 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 S. 5 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch.(with transitional provisions in arts. 3-5)

F14 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F14 S. 6 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F15 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F15 S. 7 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt.I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

Part III U.K. Advice and Assistance

F16 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F16 S. 8 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F17 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F17 S. 9 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F18 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F18 S. 10 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F19 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 S. 11 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F20 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F20 S. 12 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F21 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F21 S. 13 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

[F22 Part IIIA E+W Mediation]

Textual Amendments

F22 Pt. IIIA (s. 13A) inserted (21.3.1997) by 1996 c. 27, s. 26(1); S.I. 1997/1077, art.2

F23 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F23 S. 13A repealed (1.4.2000) by 1999 s. 22, s. 106, Sch 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F24 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F24 S. 13B repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F25 13C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F25 S. 13C repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

Part IV U.K. Civil Legal Aid

F26 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F26 S. 14 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F27 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F27 S. 15 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F28 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F28 S. 16 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F29 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F29 S. 17 repealed (1.4.2000) by 1999 c. 22 s. 106, Sch. 15 Pt I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F30 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F30 S. 18 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

Part V E+W Criminal Legal Aid

Modifications etc. (not altering text)

C2 Pt. V (ss. 19-26) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 24(1)(b)

Pt. V (ss. 19-26) modified (30.9.1998 in the petty sessions areas and petty sessional divisions noted in S.I. 1998/2327, Sch. 2 and otherwise 1.11.1999) by 1998 c. 37, s. 49(1)(j); S.I. 1998/2327, art. 3(2), Sch.2; S.I. 1999/2976, art. 2

19 Scope of this Part. E+W

(1) This Part applies to criminal proceedings before any of the following—

(a) a magistrates’ court;

(b) the Crown Court;

(c) the criminal division of the Court of Appeal or the Courts-Martial Appeal Court; and

(d) the House of Lords in the exercise of its jurisdiction in relation to appeals from either of those courts;

and representation under this Part shall be available to any person subject to and in accordance with sections 21, 22, 23, 24 and 25.

(2) Representation under this Part for the purposes of the proceedings before any court extends to any proceedings preliminary or incidental to the proceedings, including bail proceedings, whether before that or another court.

(3) Representation under this Part for the purposes of the proceedings before a magistrates’ court extends to any proceedings before a [F31 youth court] or other magistrates’ court to which the case is remitted.

(4) In subsection (2) above in its application to bail proceedings, “court ” has the same meaning as in the M1 Bail Act 1976, but that subsection does not extend representation to bail proceedings before a judge of the High Court exercising the jurisdiction of that Court.

(5) In this Part—

• “competent authority ” is to be construed in accordance with section 20;

• “Court of Appeal ” means the criminal division of that Court;

• “criminal proceedings ” includes proceedings for dealing with an offender for an offence or in respect of a sentence or as a fugitive offender and also includes proceedings instituted under section 115 of the M2 Magistrates’ Courts Act 1980 (binding over) in respect of an actual or apprehended breach of the peace or other misbehaviour and proceedings for dealing with a person for a failure to comply with a condition of a recognizance to keep the peace or be of good behaviour [F32 and also includes proceedings under section 15 of the Children and Young Persons Act 1969 (variation and discharge of supervision orders) and section 16(8) of that Act (appeals in such proceedings)];

• “proceedings for dealing with an offender as a fugitive offender ” means proceedings before a metropolitan stipendiary magistrate under section 9 of the M3 Extradition Act 1870, section 7 of the M4 Fugitive Offenders Act 1967 or section 6 of the M5 Criminal Justice Act 1988; and

• “remitted ”, in relation to a [F31 youth court], means remitted under section 56(1) of the M6 Children and Young Persons Act 1933;

and any reference, in relation to representation for the purposes of any proceedings, to the proceedings before a court includes a reference to any proceedings to which representation under this Part extends by virtue of subsection (2) or (3) above.

Textual Amendments

F31 Words in s. 19(3)(5) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 100, Sch. 11 para.40(2)(q); S.I. 1992/333, art. 2(2), Sch.2.

F32 Words in s. 19 added (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 99(3); S.I. 1991/828, art. 3(2)

Modifications etc. (not altering text)

C3 Definition of

“proceedings for dealing with an offender as a fugitive offender ”

in s. 19(5) modified (27.9.1999) by 1999 c. 22, ss. 105, 108(3)(e), Sch. 14 Pt. V para. 26 (with Sch. 14 para. 7(2))

Marginal Citations

M1 1976 c. 63.

M2 1980 c. 43.

M3 1870 c. 52.

M4 1967 c. 68.

M5 1988 c. 33.

M6 1933 c. 12.

20 Competent authorities to grant representation under this Part. E+W

(1) Subject to any provision made by virtue of subsection (10) below, the following courts are competent to grant representation under this Part for the purposes of the following proceedings, on an application made for the purpose.

(2) The court before which any proceedings take place, or are to take place, is always competent as respects those proceedings, except that this does not apply to the House of Lords; and, in the case of the Court of Appeal and the Courts-Martial Appeal Court, the reference to proceedings which are to take place includes proceedings which may take place if notice of appeal is given or an application for leave to appeal is made.

(3) The Court of Appeal or, as the case may be, the Courts-Martial Appeal Court is also competent as respects proceedings on appeal from decisions of theirs to the House of Lords.

(4) The magistrates’ court—

(a) which commits a person for trial or sentence or to be dealt with in respect of a sentence,

[F33 (aa) which sends a person for trial under section 51 of the Crime and Disorder Act 1998 (no committal proceedings for indictable-only offences),]

(b) which has been given a notice of transfer under section 4 of the M7 Criminal Justice Act 1987 (transfer of serious fraud cases) [F34 or section 53 of the Criminal Justice Act 1991 (transfer of certain cases involving children)], F35 ... [F36 or]

F37 (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) from which a person appeals against his conviction or sentence,

is also competent as respects the proceedings before the Crown Court.

(5) The magistrates’ court inquiring into an offence as examining justices is also competent, before it decides whether or not to commit the person for trial, as respects any proceedings before the Crown Court on his trial.

[F38 (5A) A magistrates’ court which has a duty or a power to send a person for trial under section 51 of the Crime and Disorder Act 1998 is also competent, before discharging that duty or (as the case may be) deciding whether to exercise that power, as respects any proceedings before the Crown Court on the person’s trial.]

(6) The Crown Court is also competent as respects applications for leave to appeal and proceedings on any appeal to the Court of Appeal under section 9(11) of the M8 Criminal Justice Act 1987 (appeals against orders or rulings at preparatory hearings).

(7) On ordering a retrial under section 7 of the M9 Criminal Appeal Act 1968 (new trials ordered by Court of Appeal or House of Lords on fresh evidence) the court ordering the retrial is also competent as respects the proceedings before the Crown Court.

(8) Any magistrates’ court to which, in accordance with regulations, a person applies for representation when he has been arrested for an offence but has not appeared or been brought before a court is competent as respects the proceedings in relation to the offence in any magistrates’ court.

(9) In the event of the Lord Chancellor making an order under section 3(4) as respects the function of granting representation under this Part for the purposes of proceedings before any court, the Board shall be competent as respects those proceedings, on an application made for the purpose.

(10) An order under section 3(4) may make provision restricting or excluding the competence of any court mentioned in any of subsections (2) to (8) above and may contain such transitional provisions as appear to the Lord Chancellor necessary or expedient.

Textual Amendments

F33 S. 20(4)(aa) inserted by 1998 c. 37, s. 119, Sch. 8 para. 67(1) (the insertion being in force 4.1.1999 for the purposes as referred to in S.I. 1998/3237, art. 4(2)(c), Sch. 2 and being otherwiseprosp.).

F34 Words in s. 20(4)(b) inserted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 53(5), Sch. 6 para. 9; S.I. 1992/333, art. 2(2), Sch. 2.

F35 Word in s. 20(4) omitted (9.5.1991) by virtue of War Crimes Act 1991 (c. 13), s. 3(2) and repealed (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch. 2.

F36 Word "or" in s. 20(4)(b) inserted (4.7.1996) by 1996 c. 25, s. 46(2)(a) (with s. 78(1))

F37 S. 20(4)(bb) repealed (4.7.1996) by 1996 c. 25, ss. 44, 46(2)(b), 80, Sch. 5 para. 2 (with s. 78(1))

F38 S. 20(5A) inserted by 1998 c. 37, s. 119, Sch. 8 para. 67(2) (the insertion being in force 4.1.1999 for the purposes as referred to in 1998/2327, art. 4(2)(c), Sch. 2 and being otherwiseprosp.).

Modifications etc. (not altering text)

C4 S. 20(4) restricted (1.10.1992) by Criminal Justice Act 1991 (c. 53), s. 53(5), Sch. 6 para. 7(1)(b); S.I. 1992/333, art. 2(2), Sch. 2.

Marginal Citations

M7 1987 c. 38.

M8 1987 c. 38.

M9 1968 c. 19.

21 Availability of representation under this Part. E+W

(1) Representation under this Part for the purposes of any criminal proceedings shall be available in accordance with this section to the accused or convicted person but shall not be available to the prosecution except in the case of an appeal to the Crown Court against conviction or sentence, for the purpose of enabling an individual who is not acting in an official capacity to resist the appeal.

(2) Subject to subsection (5) below, representation may be granted where it appears to the competent authority to be desirable to do so in the interests of justice; and section 22 applies for the interpretation of this subsection in relation to the proceedings to which that section applies.

(3) Subject to subsection (5) below, representation must be granted—

(a) where a person is committed [F39 or sent] for trial on a charge of murder, for his trial;

(b) where the prosecutor appeals or applies for leave to appeal to the House of Lords, for the proceedings on the appeal;

(c) where a person charged with an offence before a magistrates’ court—

(i) is brought before the court in pursuance of a remand in custody when he may be again remanded or committed in custody, and

(ii) is not, but wishes to be, legally represented before the court (not having been legally represented when he was so remanded),

for so much of the proceedings as relates to the grant of bail; and

(d) where a person—

(i) is to be sentenced or otherwise dealt with for an offence by a magistrates’ court or the Crown Court, and

(ii) is to be kept in custody to enable enquiries or a report to be made to assist the court,

for the proceedings on sentencing or otherwise dealing with him.

(4) Subject to any provision made under section 3(4) by virtue of section 20(10), in a case falling within subsection (3)(a) above, it shall be for the magistrates’ court which commits [F40 or sends] the person for trial, and not for the Crown Court, to make the grant of representation for his trial.

(5) Representation shall not be granted to any person unless it appears to the competent authority that his financial resources are such as, under regulations, make him eligible for representation under this Part.

(6) Before making a determination for the purposes of subsection (5) above in the case of any person, the competent authority shall, except in prescribed cases, require a statement of his financial resources in the prescribed form to be furnished to the authority.

(7) Where a doubt arises whether representation under this Part should be granted to any person, the doubt shall be resolved in that person’s favour.

(8) Where an application for representation for the purposes of an appeal to the Court of Appeal or the Courts-Martial Appeal Court is made to a competent authority before the giving of notice of appeal or the making of an application for leave to appeal, the authority may, in the first instance, exercise its power to grant representation by making a grant consisting of advice on the question whether there appear to be reasonable grounds of appeal and assistance in the preparation of an application for leave to appeal or in the giving of a notice of appeal.

(9) Representation granted by a competent authority may be amended or withdrawn, whether by that or another authority competent to grant representation under this Part.

(10) Regulations may provide for an appeal to lie to a specified court or body against any refusal by a magistrates’ court to grant representation under this Part and for that other court or body to make any grant of representation that could have been made by the magistrates’ court.

[F41 (10A) Where section 44A of the Criminal Appeal Act 1968 (death of convicted person) applies, the reference in subsection (1) above to the convicted person shall be construed as a reference to the person approved under that section.]

(11) Subsection (3) above shall have effect in its application to a person who has not attained the age of eighteen as if the references in paragraphs (c) and (d) to remand in custody and to being remanded or kept in custody included references to being committed under section 23 of the M10 Children and Young Persons Act 1969 to the care of a local authority or a remand centre.

Textual Amendments

F39 Words in s. 21(3)(a) inserted by 1998 c. 37, s. 119, Sch. 8 para. 67(3) (the insertion being in force 4.1.1999 for the purposes as referred to in S.I. 1998/2327, art. 4(2)(c), Sch. 2 and being otherwiseprosp.)

F40 Words in s. 21(4) inserted by 1998 c. 37, s. 119, Sch. 8 para. 67(4) (the insertion being in force 4.1.1999 for the purposes as referred to in S.I. 1998/2327, art. 4(2)(c), Sch. 2 and being otherwiseprosp.)

F41 S. 21(10A) inserted (1.1.1996) by 1995 c. 35, s. 29(1), Sch. 2 para. 17; S.I. 1995/3061, art. 3(d)(h)

Marginal Citations

M10 1969 c. 54.

22 Criteria for grant of representation for trial proceedings. E+W

(1) This section applies to proceedings by way of a trial by or before a magistrates’ court or the Crown Court or on an appeal to the Crown Court against a person’s conviction.

(2) The factors to be taken into account by a competent authority in determining whether it is in the interests of justice that representation be granted for the purposes of proceedings to which this section applies to an accused shall include the following—

(a) the offence is such that if proved it is likely that the court would impose a sentence which would deprive the accused of his liberty or lead to loss of his livelihood or serious damage to his reputation;

(b) the determination of the case may involve consideration of a substantial question of law;

(c) the accused may be unable to understand the proceedings or to state his own case because of his inadequate knowledge of English, mental illness or other mental or physical disability;

(d) the nature of the defence is such as to involve the tracing and interviewing of witnesses or expert cross-examination of a witness for the prosecution;

(e) it is in the interests of someone other than the accused that the accused be represented.

(3) The Lord Chancellor may, by order, vary the factors listed in subsection (2) above by amending factors in the list or by adding new factors to the list.

23 Reimbursement of public funds by contributions. E+W

(1) Where representation under this Part is granted to any person whose financial resources are such as, under regulations, make him liable to make a contribution, the competent authority shall order him to pay a contribution in respect of the costs of his being represented under this Part.

(2) Where the legally assisted person has not attained the age of sixteen, the competent authority may, instead of or in addition to ordering him to make a contribution, order any person—

(a) who is an appropriate contributor in relation to him, and

(b) whose financial resources are such as, under regulations, make him liable to make a contribution,

to pay a contribution in respect of the costs of the representation granted to the legally assisted person.

(3) Regulations may authorise the making of a contribution order under subsection (1) or (2) above after the grant of representation in prescribed circumstances.

(4) The amount of the contribution to be required under subsection (1) or (2) above by the competent authority shall be such as is determined in accordance with the regulations.

(5) A legally assisted person or appropriate contributor may be required to make his contribution in one sum or by instalments as may be prescribed.

(6) Regulations may provide that no contribution order shall be made in connection with a grant of representation under this Part for the purposes of proceedings in the Crown Court, the Court of Appeal or the House of Lords in a case where a contribution order was made in connection with a grant of such representation to the person in question in respect of proceedings in a lower court.

(7) Subject to subsection (8) below, if the total contribution made in respect of the costs of representing any person under this Part exceeds those costs, the excess shall be repaid—

(a) where the contribution was made by one person only, to him; and

(b) where the contribution was made by two or more persons, to them in proportion to the amounts contributed by them.

(8) Where a contribution has been made in respect of the costs of representing any person under this Part in any proceedings and an order for costs is made in favour of that person in respect of those proceedings, then, where sums due under the order for costs are paid to the Board or the Lord Chancellor under section 20(2) of the M11 Prosecution of Offences Act 1985 (recovery regulations)—

(a) if the costs of the representation do not exceed the sums so paid, subsection (7) above shall not apply and the contribution shall be repaid;

(b) if the costs of the representation do exceed the sums so paid, subsection (7) above shall apply as if the costs of the representation were equal to the excess.

(9) References in subsection (8) above to the costs of representation include any charge or fee treated as part of those costs by section 26(2).

(10) In this Part—

• “appropriate contributor ”, means a person of a description prescribed under section 34(2)(c); and

• “contribution order ” means an order under subsection (1) or (2) above.

Marginal Citations

M11 1985 c. 23.

24 Contribution orders: supplementary. E+W

(1) Where a competent authority grants representation under this Part and in connection with the grant makes a contribution order under which any sum is required to be paid on the making of the order, it may direct that the grant of representation shall not take effect until that sum is paid.

(2) Where a legally assisted person fails to pay any relevant contribution when it is due, the court in which the proceedings for the purposes of which he has been granted representation are being heard may, subject to subsection (3) below, revoke the grant.

(3) A court shall not exercise the power conferred by subsection (2) above unless, after affording the legally assisted person an opportunity of making representations in such manner as may be prescribed, it is satisfied—

(a) that he was able to pay the relevant contribution when it was due; and

(b) that he is able to pay the whole or part of it but has failed or refused to do so.

(4) In subsection (2) above “relevant contribution ”, in relation to a legally assisted person, means any sum—

(a) which he is required to pay by a contribution order made in connection with the grant to him of representation under this Part, and

(b) which falls due after the making of the order and before the conclusion of the proceedings for the purposes of which he has been granted such representation.

(5) Regulations with respect to contribution orders may—

(a) provide for their variation or revocation in prescribed circumstances;

(b) provide for their making in default of the prescribed evidence of a person’s financial resources;

(c) regulate their making after the grant of representation;

(d) authorise the remission or authorise or require the repayment in prescribed circumstances of sums due or paid under such orders; and

(e) prescribe the court or body by which any function under the regulations is to be exercisable.

(6) Schedule 3 to this Act shall have effect with respect to the enforcement of contribution orders.

25 Payment of costs of representation under this Part. E+W

(1) Where representation under this Part has been granted to any person the costs of representing him shall be paid—

(a) by the Lord Chancellor, or

(b) by the Board,

as the Lord Chancellor may direct.

(2) Subject to regulations, the costs of representing any person under this Part shall include sums on account of the fees payable to his [F42 legal representative] and disbursements reasonably incurred by his [F42 legal representative] for or in connection with his representation.

(3) The costs required by this section to be paid in respect of representing him shall not include any sum in respect of allowances to witnesses attending to give evidence in the proceedings for the purposes of which he is represented in any case where such allowances are payable under any other enactment.

Textual Amendments

F42 Words in s. 25(2) 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.

26 Payment for advice or assistance where representation under this Part is subsequently granted. E+W

(1) This section has effect where—

(a) advice or assistance under Part III is given to a person in respect of any matter which is or becomes the subject of criminal proceedings against him; and

(b) he is subsequently granted representation under this Part for the purposes of those proceedings.

(2) If the [F43 legal representative] acting for the person under the grant of representation is the [F44 one] who gave him the advice or assistance, any charge or fee in respect of the advice or assistance which, apart from this section, would fall to be secured, recovered or paid as provided by section 11 shall instead be paid under section 25 as if it were part of the costs of the representation.

(3) If a contribution order is made in connection with the grant of representation under this Part to him—

(a) any sum which he is required by virtue of section 9(6) or (7) to pay in respect of the advice or assistance (whether or not already paid) shall be credited against the contribution to be made by him under the contribution order; and

(b) section 25 shall have effect in a case to which subsection (2) above applies as if the charges and fees properly chargeable in respect of the advice or assistance were part of the costs of the representation under this Part and as if any such sum as is mentioned in paragraph (a) above which he has paid were part of the contribution made under the contribution order.

Textual Amendments

F43 Words in s. 26 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.

F44 Word in s. 26(2) substituted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 61(5); S.I.1991/608, art. 2, Sch.

Part VI E+W Legal Aid in Special Cases

Care proceedings E+W

F45 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F45 S. 27 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 99(4), 108(7), Sch.15; S.I. 1991/828, art. 3(2)

F46 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F46 S. 28 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 99(4), 108(7), Sch.15; S.I. 1991/828, art. 3(2)

Contempt proceedings E+W

29 Representation in contempt proceedings. E+W

(1) This section applies to any proceedings where a person is liable to be committed or fined—

(a) by a magistrates’ court under section 12 of the M12 Contempt of Court Act 1981;

(b) by a county court under section 14, 92 or 118 of the M13 County Courts Act 1984;

(c) by any superior court for contempt in the face of that or any other court;

and in this Act “proceedings for contempt ” means so much of any proceedings as relates to dealing with a person as mentioned in paragraph (a), (b) or (c) above.

(2) In any proceedings for contempt against a person the court may order that he be granted representation under this section for the purposes of the proceedings if it appears to the court to be desirable to do so in the interests of justice.

(3) In this section, “superior court ” means the Court of Appeal, the High Court, the Crown Court, the Courts-Martial Appeal Court, the Restrictive Practices Court, the Employment Appeal Tribunal and any other court exercising in relation to its proceedings powers equivalent to those of the High Court, and includes the House of Lords in the exercise of its jurisdiction in relation to appeals from courts in England and Wales.

Commencement Information

I1 S. 29 wholly in force at 1.5.1991 see s. 47(2) and S.I. 1991/790, art. 1(2)

Marginal Citations

M12 1981 c. 49.

M13 1984 c. 28.

Supplementary E+W

30 Supplementary. E+W

F47 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Part V, section 25 shall apply for the purposes of representation in proceedings for contempt as it applies for the purposes of representation under that Part in criminal proceedings.

Textual Amendments

F47 S. 30(1)(2) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), ss. 99(4), 108(7), Sch.15 ; S.I. 1991/828, art. 3(2)

Part VII E+W General and Supplementary

F48 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F48 S. 31 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F49 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F49 S. 32 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5) and subject to an amendment (28.8.2000) by S.I. 2000/2127, art. 4

33 Legal aid complaints against barristers and their exclusion from legal aid work. E+W

The following sections shall be substituted for sections 41 and 42 of the M14 Administration of Justice Act 1985—

“41 Application to legal aid complaints against barristers of disciplinary provisions.

(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.

42 Exclusion of barristers from legal aid work.

(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.”

Marginal Citations

M14 1985 c. 61.

F50 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F50 S. 34 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F51 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F51 S. 35 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F52 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F52 S. 36 repealed (1.4.2000) by 1999 c.22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F53 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F53 S. 37 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F54 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F54 S. 38 repealed (1.4.2000) by 1999 c.22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F55 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F55 S. 39 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F56 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F56 S. 40 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

41 Application to Crown. E+W

This Act binds the Crown.

F57 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F57 S. 42 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

43 Definitions. E+W

In this Act—

• “advice ”, “assistance ”[F58 , “mediation ”]and “representation ” have the meanings assigned to them by section 2(2), (3) [F58 , (3A)]and (4) respectively subject, however, to the other provisions of that section;

• [F59 “authorised body ” has the meaning assigned by section 119(1) of the Courts and Legal Services Act 1990;]

• “the Board ” has the meaning assigned to it by section 3(1);

• “determination ”, in relation to the costs of advice or assistance [F58 , “mediation ”]or representation for the purposes of proceedings, includes taxation and assessment;

• “financial resources ”, in relation to any person, includes any valuable facility which is available to him;

• [“ F60 family matters ” has the meaning assigned by section 13A(2);]

• [F59 “legal representative ” means an authorised advocate or authorised litigator, as defined by section 119(1) of the Courts and Legal Services Act 1990;]

• [F61 “mediator ” means a person with whom the Board contracts for the provision of mediation by any person.]

• “order for costs ” includes any judgment, order, decree, award or direction for the payment of the costs of one party to any proceedings by another party, whether given or made in those proceedings or not;

• “prescribed ” means prescribed by regulations made by the Lord Chancellor under this Act;

• “proceedings for contempt ” has the meaning assigned to it by section 29(1);

• “regulations ” means regulations made by the Lord Chancellor under this Act;

• “sentence ”, in relation to a person, includes any order made on his conviction of an offence;

• “solicitor ” means solicitor of the Supreme Court;

• “statutory inquiry ” has the meaning assigned to it by [F62 section 16(1) of the Tribunals and Inquiries Act 1992]; and

• “tribunal ” includes an arbitrator or umpire, however appointed, and whether the arbitration takes place under a reference by consent or otherwise.

Textual Amendments

F58 Words in s. 43 inserted (21.3.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. II para. 44(9)(a)(b); S.I. 1997/1077, art.2(d)

F59 Definitions in s. 43 inserted (1.4.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(3), Sch. 18 para. 60; S.I. 1991/608, art. 2, Sch.

F60 In s. 43 definition of “family matters ” inserted (21.3.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. II para. 44(9)(c); S.I. 1997/1077, art.2(d)

F61 In s. 43 definition of “mediator ” inserted (21.3.1997) by 1996 c. 27, s. 26(3); S.I. 1997/1077, art.2(c)

F62 Words in s. 43 substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para. 21.

Part VIII E+W+S Miscellaneous

Scottish provisions S

44 Scottish provisions. S

The M15 Legal Aid (Scotland) Act 1986 shall have effect subject to the amendments specified in Schedule 4 to this Act.

Marginal Citations

M15 1986 c. 47.

Supplementary E+W

F63 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F63 S. 45 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

F64 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F64 S. 46 repealed (1.4.2000) by 1999 c. 22, s. 106, Sch. 15 Pt. I (with Sch. 14 paras. 7(2), 36(9)); S.I. 2000/774, art. 2(c), Sch. (with transitional provisions in arts. 3-5)

47 Short title, commencement and extent. E+W

(1) This Act may be cited as the Legal Aid Act 1988.

(2) Subject to subsections (3) and (4) below, this Act shall come into force on such day as the Lord Chancellor appoints by order and different days may be appointed for different provisions.

(3) Section 44 and Schedule 4 shall come into force on such day as the Secretary of State appoints by order and different days may be appointed for different provisions.

(4) Sections 35 (together with the repeal of section 21 of the M16 Legal Aid Act 1974) and 46 shall come into force on the date on which this Act is passed.

(5) An order under subsection (2) or (3) above may contain such transitional and saving provisions as appear to the Lord Chancellor or, as the case may be, the Secretary of State necessary or expedient.

(6) This Act, with the exception of sections 12(3) and 17(3), section 44 and Schedule 4 and the amendments or repeals of the enactments referred to in section 45(3), extends to England and Wales only and section 44 and Schedule 4 extend to Scotland only.

Modifications etc. (not altering text)

C5 Power of appointment conferred by s. 47(2) partly exercised: S.I. 1988/1361, 1989/288

C6 Power of appointment conferred by s. 47(3) partly exercised: S.I. 1988/1388

Marginal Citations

M16 1974 c. 4.