The Legal Services Commission (Disclosure of Information) Regulations 2000

Statutory Instruments

2000 No. 442

LEGAL SERVICES COMMISSION, ENGLAND AND WALES

The Legal Services Commission (Disclosure of Information) Regulations 2000

Made

18th February 2000

Laid before Parliament

25th February 2000

Coming into force

1st April 2000

The Lord Chancellor, in exercise of the powers conferred on him by sections 22(1) and 25 of the Access to Justice Act 1999(1), and all other powers enabling him in that behalf, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Legal Services Commission (Disclosure of Information) Regulations 2000 and shall come into force on 1st April 2000.

Interpretation

2.  In these Regulations:

“the Act” means the Access to Justice Act 1999;

“Commission” means the Legal Services Commission established under section 1 of the Act; and

“supplier” means any person or body who provides services funded by the Commission to a client.

3.  The Commission may require a supplier to provide to any person authorised by the Commission to request it such information or documentation as it may from time to time require for the purpose of discharging its functions under the Act or the Legal Aid Act 1988(2).

4.  Where:

(a) information or documentation is required in accordance with regulation 3; and

(b) such information or documentation relates to any service provided to a client or former client of the supplier who is or was in receipt of services funded by the Commission

the relationship between or rights of the supplier and client, or any privilege arising out of such relationship, does not preclude the supplier from disclosing such information or documentation.

5.  For the purpose of providing information in order to enable the Commission to discharge its functions under the Act or under the Legal Aid Act 1988, any party may disclose to any person authorised by the Commission to receive them communications in relation to the proceedings concerned sent to or by the supplier, whether or not they are expressed to be “without prejudice”.

Irvine of Lairg, C.

Dated 18th February 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations require the provision of information from suppliers to the Legal Services Commission and waive the rules of privilege and confidentiality regarding disclosure of information relating to the cases of clients or former clients funded by the Commission.

(1)

1999 c. 22.

(2)

1988 c. 34.