Part 1

Legal aid

Providers of services etc

Choice of provider of services etc
27
1
The Lord Chancellor's duty under section 1(1) does not include a duty to secure that, where services are made available to an individual under this Part, they are made available by the means selected by the individual.
2
The Lord Chancellor may discharge that duty, in particular, by arranging for the services to be provided by telephone or by other electronic means.
3
The Lord Chancellor's duty under section 1(1) does not include a duty to secure that, where services are made available to an individual under this Part, they are made available by a person selected by the individual, subject to subsections (4) to (10).
4
An individual who qualifies under this Part for representation for the purposes of criminal proceedings by virtue of a determination under section 16 may select any representative or representatives willing to act for the individual, subject to regulations under subsection (6).
5
Where an individual exercises that right, representation by the selected representative or representatives is to be available under this Part for the purposes of the proceedings.
6
Regulations may provide that in prescribed circumstances—
a
the right conferred by subsection (4) is not to apply in cases of prescribed descriptions,
b
an individual who has been provided with advice or assistance in accordance with section 13 or regulations under section 15 by a person selected by the individual is to be taken to have selected that person under subsection (4),
c
the right conferred by subsection (4) is not to include a right to select a representative of a prescribed description,
d
that right is to select only a representative located in a prescribed area or of a prescribed description,
e
that right is to select not more than a prescribed number of representatives to act at any one time, and
f
that right is not to include a right to select a representative in place of a representative previously selected.
7
Regulations under subsection (6)(b) may prescribe circumstances in which an individual is to be taken to have selected a person to provide advice or assistance.
8
Regulations may provide that in prescribed circumstances the Lord Chancellor is not required to make available representation for an individual by a prescribed representative.
9
Provision made under subsection (8) does not prejudice any right of the individual to select another representative.
10
The circumstances which may be prescribed under this section include that a determination has been made by a prescribed person.