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.