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| | To ensure the operational independence of the OLC. |
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| Clause 121, page 63, line 11, at end insert— |
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| | ‘(za) | investigate the handling of complaints by the Office for Legal |
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| | Complaints (complaints under this subsection include those handled on |
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| | behalf of the Office for Legal Complaints and those referred to Approved |
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| | Regulators by the Office for Legal Compliants).’. |
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| Clause 121, page 63, line 24, at end add— |
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| | ‘(6) | The Board may take any steps it considers reasonably necessary to ensure the |
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| | OLC’s compliance with any obligations set under section 118(2)(a), (b) and (c).’. |
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| Clause 122, page 63, line 32, at end insert— |
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| | ‘(2A) | The majority of persons appointed under paragraph 1(b) must be lay persons.’. |
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| | Members’ explanatory statement
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| | This amendment would ensure that a majority of assistant ombudsman must be lay people. |
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| Clause 128, page 65, line 28, at end insert ‘, or was a person giving legal advice or |
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| assistance in the course of business but who is not otherwise covered by the provisions of |
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| Clause 133, page 68, line 11, at end insert— |
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| | ‘(c) | The provision of an independent avenue of review for complainants who |
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| | consider that an approved regulator’s consideration of a regulatory issue |
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| | was inadequate or that its determination was unreasonable.’. |
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| Clause 133, page 68, line 17, leave out ‘may’ and insert ‘must’. |
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| Clause 133, page 68, line 18, leave out ‘specified’ and insert ‘all’. |
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| Clause 133, page 68, line 18, at end insert ‘in which he considers it reasonable to do |
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| Clause 133, page 68, line 22, at end insert ‘only by the Chief Ombudsman or an |
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| Clause 133, page 68, line 25, at end insert ‘but not, for the avoidance of any doubt, |
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| to an approved regulator.’. |
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| Clause 133, page 68, line 42, leave out paragraph (i).
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| | Members’ explanatory statement
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| | This amendment reverses one made in the House of Lords enabling scheme rules to make provision |
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| | for the award of costs in favour of the OLC against the respondent to a complaint in additional |
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| | circumstances to those already specified in Clause 133(3). |
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| Clause 133, page 68, line 44, leave out from ‘complaint’ to end of line 4 on page |
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| | Members’ explanatory statement
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| | To ensure it is not possible for complainants to be liable to pay costs. |
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| Clause 133, page 69, line 5, leave out paragraph (j). |
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| | Members’ explanatory statement
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| | See Members’ explanatory statement for amendment 228. |
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| Clause 133, page 69, line 14, at end insert— |
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| | ‘( ) | for the identity of respondents to be published.’. |
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| | Members’ explanatory statement
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| | To prompt the OLC to make rules about identifying those legal services providers it has upheld |
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| Clause 133, page 69, line 38, leave out ‘, (i)’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 8, removing a reference back to the provision |
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| | which that amendment removes. |
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| Clause 134, page 70, line 7, leave out ‘any function’ and insert ‘only those |
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| | Members’ explanatory statement
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| | This amendment is intended to ensure that, in designing the scheme rules, powers of delegation |
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| | should be limited and decisions to delegate are not made ‘on the hoof’. |
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| Clause 136, page 70, line 37, leave out subsections (2) to (4).
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| | Members’ explanatory statement
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| | This amendment reverses amendments made in the House of Lords which— (a) limit the circum |
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| | stances in which a complaint handling charge may be payable by the respondent to the complaint |
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| | and (b) require reduction, waiver or refund of charges in specific circumstances. |
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| Clause 136, page 70, line 39, leave out paragraphs (a) to (c) and insert— |
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| | ‘(a) | the complaint against the respondent is determined or otherwise resolved |
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| | at least partially in favour of the complaint; or |
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| | (b) | in the ombudsman’s in accordance with the regulatory arrangements |
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| | which the approved regulator has made under section 112.’. |
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| | Members’ explanatory statement
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| | This series of amendments requires the OLC to set rules enabling charges payable by respondents |
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| | to be reduced or waived and indicates appropriate conditions for these to apply. |
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| Clause 136, page 71, line 5, leave out subsections (3) and (4). |
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| | Members’ explanatory statement
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| | See Members explanatory statement for amendment 231. |
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| Clause 136, page 71, leave out line 19.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 10, removing a reference back to the provision |
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| | which that amendment removes. |
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| Clause 136, page 71, line 22, leave out from ‘circumstances’ to end of line 23.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 10, removing a reference back to the provision |
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| | which that amendment removes. |
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| Clause 137, page 71, line 34, at end insert— |
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| | ‘( ) | In considering what is fair and reasonable in the circumstances, the Ombudsman |
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| | shall take into account the relevant levels of damages awarded by courts in similar |
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| | circumstances, and relevant codes of practices, professional rules, standards and |
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| | Members’ explanatory statement
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| | This amendment is intended to give guidance to the OLC as to the way in which it should determine |
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| | what is ‘fair and reasonable’ when exercising its powers under the Act. |
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| Clause 137, page 72, line 25, at end insert— |
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| | ‘(4A) | For the purposes of paragraphs 2(d) and (e), in the event of a respondent’s failure, |
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| | within a reasonable period, to act on a determination, the ombudsman may order, |
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| | at the expense of the respondent, the necessary rectification to be secured or |
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| | action to be taken by an alternative authorised person.’.
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| Clause 138, page 72, line 32, leave out ‘£20,000’ and insert ‘£100,000’. |
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| | Members’ explanatory statement
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| | To increase the maximum amount of redress that can be awarded by the OLC ombudsman to |
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| Clause 138, page 72, line 32, leave out ‘£20,000’ and insert ‘£50,000’. |
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| Clause 138, page 72, line 39, leave out subsection (3). |
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| Clause 140, page 74, line 16, at end insert— |
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| | ‘(10A) | Where a determination has become final and binding in accordance with this |
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| | section, the respondent may appeal to the High Court against the determination |
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| | or any direction made under section 137(2).’. |
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| Clause 140, page 74, line 16, at end insert— |
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| | ‘(10B) | Where a determination has become final and binding in accordance with this |
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| | section, the compainant may appeal to the High Court against the determination, |
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| | the terms of any direction made under section 137(2), or any omission to make |
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| Clause 140, page 74, line 17, at beginning insert ‘Subject to subsections (10A) and |
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| Clause 140, page 74, line 19, after ‘complaint’, insert ‘either while the ombudsman |
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| is considering the complaint or’. |
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| | Members’ explanatory statement
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| | To stop respondents from beginning or continuing legal proceedings against a complainant while |
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| | the OLC is considering the case (or vice versa). |
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| Page 75, line 27, leave out Clause 143.
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| | Members’ explanatory statement
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| | This amendment leaves out Clause 143, which was inserted by amendment in the House of Lords, |
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| | and so reverses that amendment, which inserted provision enabling the Board to delegate to an |
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| | approved regulator or regulators the handling of complaints which would otherwise be deter |
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| | mined under the ombudsman scheme. |
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| Clause 144, page 76, line 17, leave out ‘may’ and insert ‘must’. |
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| | Members’ explanatory statement
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| | This amendment requires the approved regulator to report back to the OLC ombudsman on the |
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| | action taken in respect of a referral for consideration of disciplinary action and to require the om |
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| | budsman to send a copy of the approved regulator’s report to the complainant. |
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| Clause 144, page 76, line 19, at end insert ‘A copy of the report made to the |
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| ombudsman under this section must be sent to the complainant by the ombudsman.’. |
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| | Members’ explanatory statement
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| | See Members’ explanatory statement for amendment 276. |
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| Clause 144, page 76, line 30, at end add— |
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| | ‘(6) | The ombudsman may, when so requested by a complainant, make a request to the |
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| | relevant authorising body to review the decision it has made as set out in a report |
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| | made under subsection (2), and may request the relevant authorising body to |
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| | notify it of the result of any such review.’. |
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| Clause 150, page 80, line 4, leave out ‘a person (“the defaulter”)’ and insert ‘an |
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| | Members’ explanatory statement
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| | This amendment would ensure that the Office for Legal Complaints can enforce requirements to |
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| | provide information or produce documents only against an authorised person, and not against a |
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| Clause 158, page 83, line 11, leave out from ‘redress’ to end of line 13.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 13, removing a reference back to the provision |
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| | which that amendment removes. |
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| Clause 158, page 83, line 17, leave out ‘and except as permitted by subsection (1)’.
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| | Members’ explanatory statement
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| | This amendment is consequential on amendment 13, removing a reference back to the provision |
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| | which that amendment removes. |
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| Clause 160, page 84, line 38, at end add— |
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| | ‘(3) | The Secretary of State is required before authorising the repeal of those parts, |
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| | sections and schedules of the Courts and Legal Services Act 1990 and the Access |
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| | to Justice Act 1999 (which relate respectively to the Office of the Legal Services |
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| | Ombudsman and the Office of the Legal Services Complaints Commissioner) to |
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| | satisfy himself that the interests of the consumers of legal services are being |
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| | adequately protected and promoted and that the new regime is providing timely, |
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| | high quality, effective outcomes which are consumer focused. |
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| | (4) | In reaching his decision the Secretary of State must seek, and give due weight to; |
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| | the views of the Board, the OLC, the Legal Services Complaints Commissioner |
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| | and the Legal Services Ombudsman.’. |
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| Clause 173, page 91, line 25, after ‘Act’, insert ‘or any other enactment’. |
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| | Members’ explanatory statement
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| | This amendment extends the power to pay grants to the Board to cover its functions under “any |
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| | other enactment”. This ensures that grants can be paid in respect of Board expenditure resulting |
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