Part 6Legal Complaints

Jurisdiction and operation of the ombudsman scheme

I1128Parties

I21

The respondent is within this section if, at the relevant time, the respondent was an authorised person in relation to an activity which was a reserved legal activity (whether or not the act or omission relates to a reserved legal activity).

I22

The complainant (“C”) is within this section if C—

a

meets the first and second conditions, and

b

is not excluded by subsection (5).

3

The first condition is that C is—

I2a

an individual, or

b

a person (other than an individual) of a description prescribed by order made by the Lord Chancellor in accordance with a recommendation made under section 130.

4

The second condition is that—

I2a

the services to which the complaint relates were provided by the respondent to C;

I2b

the services to which the complaint relates were provided by the respondent to an authorised person who procured them on C's behalf;

I2c

the services to which the complaint relates were provided by the respondent—

i

in the respondent's capacity as a personal representative or trustee, or

ii

to a person acting as a personal representative or trustee,

and C is a beneficiary of the estate or trust in question; or

d

C satisfies such other conditions, in relation to the services to which the complaint relates, as may be prescribed by order made by the Lord Chancellor in accordance with a recommendation made under section 130.

5

C is excluded if, at the relevant time—

I2a

C was an authorised person in relation to an activity which was a reserved legal activity and the services to which the complaint relates were procured by C on behalf of another person,

I2b

C was a public body or was acting on behalf of such a body in relation to the services to which the complaint relates, or

c

C was a person prescribed, or of a description prescribed, as excluded by order made by the Lord Chancellor in accordance with a recommendation made under section 130.

I26

In subsection (4)(b) “authorised person” means an authorised person in relation to any activity which is a reserved legal activity.

I27

In this section—

  • “public body” means any government department, local authority or other body constituted for purposes of the public services, local government or the administration of justice;

  • “relevant time”, in relation to a complaint, means the time when the act or omission to which the complaint relates took place.