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Legal Aid Act 1977
9Powers of commission
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9 Powers of commission
(1) If the commission provides legal assistance by making available the
services of officers of the commission, the commission shall pay any
disbursements (including barristers’ fees) and out-of-pocket expenses
incurred in the course of providing that assistance.
(2) If the commission provides legal assistance by arranging for the
services of private legal practitioners, the commission shall, except if
the services are provided on a voluntary basis, pay fees to those
private legal practitioners for the performance of those services
(being fees determined by the commission in accordance with
section 31C (1) and (2)) and shall pay any disbursements (including
barristers’ fees) and out-of-pocket expenses properly incurred by
them.
(3) The commission may accept money or other property on trust and
may act as trustee of money or other property held by the commission
on trust.
(4) Notwithstanding anything contained in any other provision of this
Act, but subject to subsection (6), any money or other property held
by the commission on trust shall be dealt with in accordance with the
functions of the commission as trustee under the Trustee Act 1925.
(5) The provisions of the Legal Profession Act 2006 about the keeping of
accounts by solicitors in relation to money held by them on trust, and
the audit of the accounts, do not apply in relation to money held by
the commission on trust.
(6) A regulation may make provision in relation to—
(a) the application to the commission, with any changes prescribed
by regulation, of regulations made for the Legal Profession
Act 2006, section 253 (Statutory deposits); and
(b) the investment by the commission of any amount held on trust
by the commission.
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def of entity).