128PartiesE+W
(1)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).
(2)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—
(a)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—
(a)the services to which the complaint relates were provided by the respondent to C;
(b)the services to which the complaint relates were provided by the respondent to an authorised person who procured them on C's behalf;
(c)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—
(a)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,
(b)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.
(6)In subsection (4)(b) “authorised person” means an authorised person in relation to any activity which is a reserved legal activity.
(7)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.
Commencement Information
I1S. 128 partly in force; s. 128 not in force at Royal Assent see s. 211; s. 128(3)(b)(4)(d)(5)(c) in force at 1.1.2009 by S.I. 2008/3149, art. 2(e)(i)
I2S. 128(1) (2) (3)(a) (4)(a)-(c) (5)(a) (b) (6) (7) in force at 6.10.2010 by S.I. 2010/2089, art. 2(a)