PART 1THE LEGAL SERVICES OVERSIGHT COMMISSIONER FOR NORTHERN IRELAND

2General powers of the Commissioner

1

The Commissioner may—

a

require a professional body to provide information to, or make reports to, the Commissioner about the handling of complaints about its members;

b

require a professional body to provide the Commissioner with such information in relation to the number of complaints made against the members of that body as the Commissioner may specify;

c

investigate the manner in which complaints about the members of a professional body are handled by that body;

d

make recommendations in relation to the training of members of—

i

the Bar Complaints Committee;

ii

the Solicitors Complaints Committee;

e

set targets in relation to the handling of complaints about the members of a professional body;

f

make recommendations in relation to the handling of complaints about the members of a professional body;

g

require a professional body to submit to the Commissioner a plan for the handling of complaints about its members; and

h

do any other thing which the Commissioner has power to do by virtue of this Act or any other statutory provision.

2

For the purposes of an investigation under subsection (1)(c), the Commissioner shall have a right of access at all reasonable times to all such documents as the Commissioner may reasonably require for carrying out the investigation.

3

Subsection (2) only applies to documents in the custody of or under the control of the professional body to which the investigation relates.

4

Where the Commissioner requires a professional body to submit a plan for the handling of complaints about its members but the body—

a

fails to submit a plan which the Commissioner considers adequate for securing that such complaints are handled effectively and efficiently; or

b

submits such a plan but fails to handle complaints in accordance with it,

the Commissioner may require the body to pay a penalty.

5

Before requiring a professional body to pay a penalty under subsection (4) the Commissioner must consult with the body and afford it a reasonable opportunity of appearing before the Commissioner to make representations.

6

The Department must by order specify the maximum amount of any penalty under subsection (4).

7

No order shall be made under subsection (6) unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

8

In determining the amount of any penalty which a professional body is to be required to pay under subsection (4) the Commissioner must have regard to all the circumstances of the case, including in particular—

a

the total number of complaints about members of the body and, where the penalty is imposed in respect of a failure to handle complaints in accordance with a plan, the number of complaints not so handled; and

b

the assets of the body and the number of its members.

9

A penalty under subsection (4) must be paid to the Commissioner who must pay it to the Department.