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Legal Aid Act 1988

1988 CHAPTER 34

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Preliminary

    1. 1. Purpose of this Act.

    2. 2. Interpretation.

  2. Part II

    Legal Aid Board and Legal Aid

    1. 3. The Legal Aid Board.

    2. 4. Powers of the Board.

    3. 5. Duties of the Board.

    4. 6. Board to have separate legal aid fund.

    5. 7. Accounts and audit.

  3. Part III

    Advice and Assistance

    1. 8. Scope of this Part.

    2. 9. Availability of, and payment for, advice and assistance.

    3. 10. Financial limit on prospective cost of advice or assistance.

    4. 11. Payment for advice or assistance otherwise than through legally assisted person’s contribution.

    5. 12. Limit on costs against person receiving assistance by way of representation.

    6. 13. Costs of successful unassisted parties.

  4. Part IV

    Civil Legal Aid

    1. 14. Scope of this Part.

    2. 15. Availability of, and payment for, representation under this Part.

    3. 16. Reimbursement of Board by contributions and out of costs or property recovered.

    4. 17. Limit on costs against assisted party.

    5. 18. Costs of successful unassisted parties.

  5. Part V

    Criminal Legal Aid

    1. 19. Scope of this Part.

    2. 20. Competent authorities to grant representation under this Part.

    3. 21. Availability of representation under this Part.

    4. 22. Criteria for grant of representation for trial proceedings.

    5. 23. Reimbursement of public funds by contributions.

    6. 24. Contribution orders: supplementary.

    7. 25. Payment of costs of representation under this Part.

    8. 26. Payment for advice or assistance where representation under this Part is subsequently granted.

  6. Part VI

    Legal Aid in Special Cases

    1. Care proceedings

      1. 27. Representation in care proceedings: scope and competent authorities.

      2. 28. Care proceedings: availability.

    2. Contempt proceedings

      1. 29. Representation in contempt proceedings.

    3. Supplementary

      1. 30. Supplementary.

  7. Part VII

    General and Supplementary

    1. 31. Act not generally to affect position of legal representatives or other parties.

    2. 32. Selection and assignment of legal representatives.

    3. 33. Legal aid complaints against barristers and their exclusion from legal aid work.

    4. 34. Regulations.

    5. 35. Advisory Committee.

    6. 36. Orders and regulations: general.

    7. 37. Laying of Board’s annual reports before Parliament.

    8. 38. Restriction of disclosure of information.

    9. 39. Proceedings for misrepresentation etc.

    10. 40. Adaptation of rights of indemnity in cases of advice, assistance or representation in civil proceedings.

    11. 41. Application to Crown.

    12. 42. Finance.

    13. 43. Definitions.

  8. Part VIII

    Miscellaneous

    1. Scottish provisions

      1. 44. Scottish provisions.

    2. Supplementary

      1. 45. Amendments, repeals and transitional provisions.

      2. 46. Amendments of Legal Aid Act 1974 pending repeal.

      3. 47. Short title, commencement and extent.

  9. Schedules:

    1. Schedule 1

      Legal Aid Board.

    2. Schedule 2

      Civil proceedings: Scope of Part IV Representation.

    3. Schedule 3

      Criminal proceedings: Enforcement of Contribution Orders.

    4. Schedule 4

      Amendments of Legal Aid (Scotland) Act 1986.

    5. Schedule 5

      Minor and Consequential Amendments.

    6. Schedule 6

      Repeals.

    7. Schedule 7

      Transition.

    8. Schedule 8

      Transitory Amendments of Legal Aid Act 1974.

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:—

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