27E+WPart 3 of the Administration of Justice Act 1985 (legal aid) is amended as follows.
28E+WIn section 40(1) (legal aid complaints) for the words from “funded by” to “Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
29E+WIn section 41(2) (reduction of fees payable where legal aid complaint made)—
(a)for “Legal Services Commission” substitute “ Lord Chancellor ”, and
(b)for “by him as part of the Community Legal Service or Criminal Defence Service” substitute “ by the barrister under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
30(1)Section 42 (exclusion of barristers from legal aid work) is amended as follows.E+W
(2)In subsections (1) and (3) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work ”.
(3)At the end insert—
“(5)In this section “criminal legal aid work” means the provision under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 of—
(a)advice or assistance described in section 13 or 15 of that Act, or
(b)representation for the purposes of criminal proceedings.”
31E+WIn section 43(3) (reduction of costs payable where legal aid complaint made)—
(a)for “Legal Services Commission” substitute “ Lord Chancellor ”, and
(b)for “as part of the Community Legal Service or Criminal Defence Service” substitute “ under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 ”.
32E+WIn paragraph 20(1) of Schedule 2 (powers of Tribunal in respect of legal aid complaints) for “providing representation funded by the Legal Services Commission as part of the Criminal Defence Service” substitute “ criminal legal aid work (as defined in that section) ”.