{
  "url": "https://openlegislation.uk/administration-of-justice-act-1985/section-40",
  "json_url": "https://openlegislation.uk/administration-of-justice-act-1985/section-40.json",
  "legislation": "ukpga/1985/61",
  "legislation_title": "Administration of Justice Act 1985",
  "legislation_url": "https://openlegislation.uk/administration-of-justice-act-1985",
  "path": "section/40",
  "kind": "section",
  "number": "40",
  "heading": "Legal aid complaints: preliminary.",
  "text": "(1) For the purposes of this Part of this Act a legal aid complaint is a complaint relating to the conduct of a barrister or solicitor in connection with the provision for any person of services under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 including, in the case of a solicitor, provision for any person of such services in the capacity of agent for that person’s solicitor.\n(2) In this Part—\n“legally assisted person” means a person to whom aid is ordered to be given under section 28 of the Legal Aid Act 1974;\n“the Senate” means the Senate of the Inns of Court and the Bar; and\n“Senate Disciplinary Tribunal” means any committee of the Senate which in accordance with the regulations of the Senate is to be known as a Disciplinary Tribunal.\n(3) In the Legal Aid Act 1974, sections 12(3) to (5) and 38(2) to (6) (which are superseded by this Part) shall cease to have effect.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words substituted by Legal Aid Act 1988 (c. 34, SIF 77:1), s. 45(1), Sch. 5 para. 17"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 40(1) substituted (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 para. 28; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)"
    },
    {
      "type": "M",
      "label": "M1",
      "text": "1974 c. 4."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "S. 40 applied (with modification) by S.I. 2000/1119, Sch. 4 para. 24(1) (as substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1), 3(17))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 40 applied (with modifications) (1.1.2025) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024 (S.I. 2024/1379), regs. 1(4), 27"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1985/61/section/40",
    "retrieved_at": "2026-10-29T09:59:54.512365+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}