Access to Justice Act 1999

Legal Services Ombudsman

49 Powers of Ombudsman

(1) Section 23 of the [1990 c. 41.] 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 order requiring the taking of that action by the person or body—

(a) he shall afford the person or body, and the person who made the allegation, a reasonable opportunity of appearing before him to make representations; and

(b) having considered any representations from them, he may, in reporting his conclusions, make the order.”

(5) In subsections (3) and (4) (reports), after “recommendation” (in each place) insert “or order”.

(6) In subsection (6) (duty to have regard to Ombudsman’s report), for “subsection (1)(b) or (c)” substitute “subsection (1)(b), (c) or (d)”.

(7) For the sidenote substitute “Recommendations and orders.”

50 Funding of Ombudsman by professional bodies

In paragraph 7 of Schedule 3 to the Courts and Legal Services Act 1990 (financial provisions relating to Legal Services Ombudsman), for sub-paragraph (1) (Ombudsman’s expenses to be defrayed by Lord Chancellor) substitute—

“(1) The Lord Chancellor may require any professional body (within the meaning of section 22 of this Act) to make payments of such amount as the Lord Chancellor considers appropriate to the Ombudsman towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.

(1A) To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Lord Chancellor out of money provided by Parliament.”