# The Legal Services Ombudsman (Extension of Remit) Regulations 2004

Draft 2004, ISBN 0110495373

These Regulations extend the jurisdiction of the Legal Services Ombudsman by providing that the provisions of sections 21 to 25 of the Courts and Legal Services Act 1990 (which make provision for the Legal Services Ombudsman), as modified, shall have effect in relation to the investigation by the Ombudsman of allegations relating to complaints which are made to an approved body and are concerned with the provision of probate services.

Made under: Courts and Legal Services Act 1990 (Section 26)

## Introductory text

Draft Regulations laid before Parliament under section 120(4) of the Courts and Legal Services Act 1990, 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 these Regulations has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 120(4) of the Courts and Legal Services Act 1990;
Now, therefore, the Secretary of State, in exercise of the powers conferred by section 26(1) of that Act, and now vested in him, makes the following Regulations:

## 1 

These Regulations may be cited as the Legal Services Ombudsman (Extension of Remit) Regulations 2004 and shall come into force on the day after the day on which they are made.

## 2 

In these Regulations—
(a) “the 1990 Act” means the Courts and Legal Services Act 1990, and
(b) “approved body” means a professional or other body which is approved by the Secretary of State under Schedule 9 to the 1990 Act.

## 3 

The provisions of sections 21 to 25 of the 1990 Act shall have effect in relation to the investigation by the Legal Services Ombudsman of allegations relating to complaints which—
(a) are made to an approved body, and
(b) are concerned with the provision of probate services.

## 4 

(1) Those sections, as they apply by virtue of regulation 3, shall have effect as follows.
(2) Subsection (1) of section 22 shall be read as referring to the manner in which any complaint within regulation 3 with respect to—
(a) a person who is or was a member of the approved body in question and granted exemption by that body under section 55 of the 1990 Act, or
(b) any employee of such a person,
has been dealt with by that approved body.
(3) The definition of “professional body” in subsection (11) of that section shall not apply.
(4) A reference to a professional body in any other provision of those sections shall be read as a reference to an approved body.

## Signature

Signed by authority of the Secretary of State
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated

## Explanatory note

(This note is not part of these Regulations)
These Regulations extend the jurisdiction of the Legal Services Ombudsman by providing that the provisions of sections 21 to 25 of the Courts and Legal Services Act 1990 (which make provision for the Legal Services Ombudsman), as modified, shall have effect in relation to the investigation by the Ombudsman of allegations relating to complaints which are made to an approved body and are concerned with the provision of probate services.
An approved body is a professional or other body approved by the Secretary of State under Schedule 9 to the 1990 Act. Once approved, a body may grant exemption from the provisions of section 23(1) of the Solicitors Act 1974 (unqualified person not to prepare papers for probate etc) to a person who is one of its members and who satisfies the criteria in section 55 of the 1990 Act.

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Source: https://www.legislation.gov.uk/ukdsi/2004/0110495373 (the official version)
Page: https://openlegislation.uk/draft-legal-services-ombudsman-extension-of-remit-regulations-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.