Explanatory note

This is the twelfth Commencement Order made under the Legal Services Act 2007 (c.29) (“the 2007 Act”).

Article 2 commences section 161 (extension of Part 6 to claims management services) of the 2007 Act. That section extends the scope of the Legal Ombudsman scheme in Part 6 of the 2007 Act so as to allow the ombudsman, established under that Part, to consider complaints about the service provided by companies regulated by the Claims Management Services Regulator in accordance with the scheme rules under which the ombudsman operates. By virtue of section 5(9) of the Compensation Act 2006 (c.29) the Secretary of State currently exercises the functions of the Claims Management Services Regulator.

Article 3 adapts section 125 of the 2007 Act in consequence of the coming into force of section 161. Section 125(2) of the 2007 Act makes provision for the Legal Ombudsman to have jurisdiction over acts or omissions which occurred before the commencement of that section. Article 3 adapts the 2007 Act so that, in relation to complaints about claims management services, the ombudsman’s jurisdiction extends back from the coming into force of section 161. This means that the jurisdiction in respect of such complaints is equivalent to that in respect of other legal complaints.

Article 4 provides that persons authorised by the Claims Management Services Regulator are to be treated as respondents for the purposes of the ombudsman scheme where an act or omission to which a complaint relates pre-dates the commencement of section 161. This complements the provision made by section 161 itself which brings persons authorised by the Claims Management Services Regulator within the ombudsman scheme from the date of commencement.

Article 5 modifies section 161(4) of the 2007 Act to substitute the reference to the Legal Services Board in that subsection with a reference to the same Secretary of State who exercises the functions of the Claims Management Services Regulator. This is to reflect the fact that the provision in the 2007 Act which substitutes the Legal Services Board for the Secretary of State as the person who exercises the functions of the Claims Management Services Regulator in the absence of another person being so designated has not been commenced.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.