The Legal Services Act 2007 (Legal Complaints) (Parties) Order 2010
S.I. 2010/2091 · Made 17 August 2010
Legal Services, England And Wales
Made 17th August 2010
Laid before Parliament 20th August 2010
Coming into force 6th October 2010
The Lord Chancellor makes this Order under sections 128(3)(b) and (4)(d) and 204(3)(a) of the Legal Services Act 2007f1.
The Office for Legal Complaints has made a recommendation under section 130(1) of that Act.
Before making the recommendation, in accordance with section 130(3), the Office for Legal Complaints published a draft of the proposed recommendation, invited representations regarding that recommendation and considered any representations which were made.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Persons who can be complainants
- 3Persons who can be complainants
- 4Persons who can be complainants
- Signature
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Legal Services Act 2007 (Legal Complaints) (Parties) Order 2010 and comes into force on 6th October 2010.
In this Order “material time” means the time at which the complainant refers the complaint to the respondent.
2Persons who can be complainants
The following persons may be a complainant within section 128(3)(b) of the Legal Services Act 2007—
an enterprise which, at the material time, is a micro-enterprise within the meaning of Article 1 and Article 2(1) and (3) of the Annex to Commission Recommendation 2003/361/EC, as that Recommendation had effect at the date it was adoptedf1;
a charity with an annual income net of tax of less than £1 million at the material time;
a club, association or organisation, the affairs of which are managed by its members or a committee or committees of its members, with an annual income net of tax of less than £1 million at the material time;
a trustee of a trust with an asset value of less than £1 million at the material time;
a personal representative of the estate of a person (referred to as “X” in this article and in article 3) if the condition prescribed in article 3 is satisfied; and
a beneficiary of the estate of (X) if the condition prescribed in article 3 is satisfied.
3Persons who can be complainants
The condition referred to in article 2(e) and (f) is that the services to which the complaint relates were provided by the respondent to X—
who has subsequently died; and
who had not before his or her death referred the complaint to the ombudsman scheme.
4Persons who can be complainants
The Office for Legal Complaints may use whatever method it sees fits to determine whether a person falls within the financial limits in article 2 and may make a broad estimate of any relevant amount.
Signature
Signed by authority of the Lord Chancellor
McNally
Minister of State
Ministry of Justice
17th August 2010
Explanatory note
(This note is not part of the Order)
Part 6 of the Legal Services Act 2007 (“the 2007 Act”) establishes the Office for Legal Complaints (OLC) and confers a duty on the OLC to administer an ombudsman scheme for the resolution of complaints in relation to legal services provided by authorised persons (as defined by the 2007 Act). Section 128 makes provision for the categories of person who may be a respondent and a complainant within the scheme. Section 128(3)(a) permits an individual to be a complainant. This Order prescribes persons other than individuals who may bring a complaint. Article 4 allows the Office for Legal Complaints to determine and make an estimate of the financial amounts in article 2 in relation to eligibility of complainants.
An impact assessment has been prepared for this Order and a copy is annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.