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The Legal Services Complaints Commissioner (Maximum Penalty) Order 2004

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110494954

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 52(9) of the Access to Justice Act 1999, for approval by resolution of each House of Parliament.

LEGAL SERVICES, ENGLAND AND WALES

Made

Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 52(9) of the Access to Justice Act 1999f1;

Now, therefore, the Secretary of State, in exercise of the powers conferred by section 52(5) of that Act, and now vested in himf2, makes the following Order:

Annotations to the whole text

Footnotes

f1

1999 c. 22.

f2

The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887).

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the Legal Services Complaints Commissioner (Maximum Penalty) Order 2004 and shall come into force on the day after the day on which it is made.

2

The maximum amount of any penalty under section 52(3) of the Access to Justice Act 1999 is whichever is the lesser of—

(a)

£1,000,000; and

(b)

1 per cent. of the amount which is specified as the total income from all sources of the professional body in that body’s most recent audited accounts at the date on which the penalty is imposed.

Signature

Signed by authority of the Secretary of State

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

July 2004

Explanatory note

(This note is not part of the Order)

This Order specifies the maximum amount of any penalty that the Legal Services Complaints Commissioner may require a professional body to pay under section 52(3) of the Access to Justice Act 1999 for failing to submit an adequate plan for the handling of complaints or failing to handle complaints in accordance with any plan submitted. The maximum amount of any penalty is whichever is the lesser of £1,000,000 and 1 per cent. of the amount which is specified as the total income from all sources of the professional body in that body’s most recent audited accounts.