Regulation 2 Amendments to the 2006 Regulations

(1)

The 2006 Regulations are amended as follows.

(2)

In regulation 3 (definitions)—

(a)

after the definition of “code of practice” insert—

““ombudsman” means the Chief Ombudsman or an assistant ombudsman appointed under section 122 of the 2007 Act;”;

(b)

after the definition of “the Act”, insert—

““the 2007 Act” means the Legal Services Act 2007^f1.”."

(3)

In regulation 12(5) (conditions of authorisation)—

(a)

omit sub-paragraph (h);

(b)

in sub-paragraph (i), for “regulation 29(1) or 29(3)” substitute “regulation 29”.

(4)

Omit regulation 27 (redress).

(5)

In the heading of Part 7 before regulation 28, for “Complaints” substitute “Information and Directions”.

(6)

Omit regulation 28 (review by the Regulator of complaint handling).

(7)

Before regulation 29 (directions of the Regulator about complaints handling and related matters) insert—

“Power to share information

28A.

(1)
Without prejudice to any other power to disclose information, the Regulator must disclose to a person listed in paragraph (2) any information for which such a person makes a written request, if the Regulator is satisfied that the information is reasonably required by that person in order to discharge that person’s functions under Part 6 of the 2007 Act.

(2)
The persons referred to in paragraph (1) are—

(a)
the Office for Legal Complaints^f2;

(b)
an ombudsman;

(c)
a member of the staff of the Office for Legal Complaints appointed under paragraph 13 of Schedule 15 to the 2007 Act.”.

(8)

In regulation 29—

(a)

for sub-paragraph (1)(a), substitute—

“(a)
an authorised person has breached a condition of authorisation under regulation 12; or”;

(b)

omit paragraph (2);

(c)

in paragraph (3), omit “also”;

(d)

after paragraph (3), insert—

“(3A)
A direction under paragraph (3) must not direct the authorised person to make redress to a person in respect of acts or omissions of authorised persons.”;

(e)

in paragraph (4), omit “(2) or”.

Annotations

Footnotes

f1: 2007 c. 29.
f2: The Office for Legal Complaints was set up by section 114 of the 2007 Act. Part 6 of the Act is about the complaints scheme administered by it.