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Amendments made: No. 45, in page 69, line 39, leave out first 'of' and insert 'to'.
No. 46, in page 69, line 42, leave out first 'of' and insert 'to'.
No. 47, in page 70, line 3, leave out first 'of' and insert 'to'.
No. 48, in page 70, line 5, leave out first 'of' and insert 'to'.
No. 49, in page 70, line 6, leave out 'before a court'.
No. 50, in page 70, line 10, leave out first 'of' and insert 'to'.
No. 51, in page 70, line 13, leave out third 'of' and insert 'to'.
No. 52, in page 70, line 16, leave out 'the' and insert 'any'.
No. 53, in page 70, line 18, at end insert--
'(6) The powers of a magistrates' court for any area under this paragraph may be exercised by a single justice of the peace for the area.
(7) Any rules under section 144 of the Magistrates' Courts Act 1980 which provide for the functions of a single justice under sub-paragraph (6) to be exercised by a justices' clerk may make different provision for different areas.'.
No. 54, in page 70, line 21, leave out first 'of' and insert 'to'.
No. 55, in page 70, line 22, leave out 'of' and insert 'to'.
No. 56, in page 70, line 24, leave out third 'of' and insert 'to'.
No. 57, in page 70, line 31, leave out 'of' and insert 'to'.
No. 58, in page 70, line 32, leave out 'of' and insert 'to'.
No. 59, in page 70, line 34, leave out 'of' and insert 'to'.
No. 60, in page 71, line 3, leave out 'of' and insert 'to'.--[Mr. Hill.]
Amendments made: No. 61, in page 71, line 16, at end insert--
'.--(1) Section 23 of the Courts and Legal Services Act 1990 (recommendations of the Legal Services Ombudsman) is amended as follows.
(2) In subsection (1)(c) (written report of investigation to be sent to person with respect to whom recommendation is made), after "subsection (2)" insert "or an order under subsection (2A)".
(3) In paragraph (e) of subsection (2) (recommendation that costs be paid by person or body to which recommendation under paragraph (c) or (d) applies), for "which a recommendation under paragraph (c) or (d) applies" substitute "pay compensation under paragraph (c) or (d)".
(4) After that subsection insert--
"(2A) If after completing any investigation under this Act the Ombudsman considers that, rather than recommending the taking of any action by any person or professional body under paragraph (c), (d) or (e) of subsection (2), he should make an
Mr. Deputy Speaker: With this, it will be convenient to discuss the following amendments: Government new clause 9--Funding of Ombudsman by professional bodies Government new clause 10--The Commissioner Government new clause 11--Commissioner's functions. Government new schedule 1--Legal services complaints commissioner Government amendment No. 86.
Mr. Vaz: The Government have tabled four new clauses and a new schedule to amend the powers of the legal services ombudsman, and to establish a new post of legal services complaints commissioner. New clause 8 will amend section 23 of the Courts and Legal Services Act 1990, which established the office of the legal services ombudsman. The ombudsman currently oversees the handling of complaints against solicitors, barristers, legal executives and licensed conveyancers by the professional bodies responsible for setting and maintaining standards of conduct and service within the legal professions. The 1990 Act allows for new bodies to come within its remit by order of the Lord Chancellor--for example, when new bodies are authorised to grant rights of audience or rights to conduct litigation to their members. The ombudsman can investigate allegations about the way in which a professional body has handled a complaint against one of its members. Section 23 of the 1990 Act sets out what the ombudsman's powers are once an investigation has been completed. These include, in subsection (2), making recommendations to the person complained about, or to the relevant professional body, or to both. Those recommendations can include the payment of compensation to the complainant, and payment to cover the costs of making the allegation. Under the current legislation, the ombudsman can make recommendations to a person or professional body only about the action that should be taken. The recommendations are not enforceable. That has not caused a problem with the professional bodies hitherto: in every case since the ombudsman scheme began in 1991, the professional bodies have complied with the ombudsman's recommendations. There are, however, a few cases each year where lawyers have refused to accept such a recommendation.