Notices of Amendments: 21st June 2007

478

Legal Services Bill [Lords], continued

John Mann

(b)

Line  81,  at end insert—

‘( )	varies the decision of the Society;’.

Members’ explanatory statement

This amendment gives the Tribunal power to vary the Law Society’s decision.

Handling of complaints by an external regulator

Mr Jonathan Djanogly

Mr Henry Bellingham

Mr Tobias Ellwood

NC17

To move the following Clause:—

‘(1)	The OLC may direct that part or all of a specific complaint within the jurisdiction

of the ombudsman scheme shall be determined by a relevant external regulator

where it concludes that—

(a)	the complaint relates to matters which would more efficiently, cost

effectively or in the interests of the maintenance of justice be determined

by a relevant external regulator; or

(b)	the matters which give rise to the complaint cannot be divided into

service and misconduct matters without undue duplication of process,

provision of information or in the interests of justice should be

determined by an external regulator; and

(c)	the complainant, authorised person or either will not be unduly

prejudiced by the determination of the complaint by the relevant external

regulator.

(2)	Any such complaints the OLC refers to a relevant external regulator for

determination shall remain within the jurisdiction of the ombudsman scheme.

(3)	The OLC shall be free to vary or cancel any such direction made under subsection

(1) if it considers that the complaint is being handled in a manner inconsistent

with the provisions of the ombudsman scheme.

(4)	The OLC shall remain entitled to award compensation in addition to or instead of

any amount awarded by the relevant external regulator in respect of the complaint

if it determines that to do so would be in the interests of justice and consistent with

the provisions of the ombudsman scheme.

(5)	The OLC shall not direct that a complaint is to be determined by a relevant

external regulator unless it is satisfied—

(a)	that the external regulator has agreed to be subject to the jurisdiction of

the OLC for the purposes of handling the complaint; and

(b)	that the external regulator’s complaint handling and relevant associated

processes are appropriate for the purposes of the resolution of the

complaint.

(6)	For the purpose of this section “external regulator” means a person other than an

approved regulator who exercises regulatory functions in relation to a particular

description of persons with a view to ensuring compliance with statutory or non-

statutory rules by those persons.’.

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Revised 22 June 2007