2011 No. 122

Legal Services, England And Wales

The Legal Services Act 2007 (Disclosure of Restricted Information) Order 2011

Made

Laid before Parliament

Coming into force

The Lord Chancellor makes the following Order in exercise of the powers conferred by sections 152(3)(g) and 168(3)(g) of the Legal Services Act 20071.

Citation and commencement1

This Order may be cited as the Legal Services Act 2007 (Disclosure of Restricted Information) Order 2011 and comes into force on 28th February 2011.

Persons to whom information may be disclosed

2

Each of the persons listed in Schedule 1 is prescribed under section 152(3)(g) of the Legal Services Act 2007 for the purpose of enabling or assisting it to exercise any of its regulatory functions.

3

Each of the persons listed in Schedule 2 is prescribed under section 168(3)(g) of the Legal Services Act 2007 for the purpose of enabling or assisting it to exercise any of its regulatory functions.

Signed by authority of the Lord Chancellor

J DjanoglyParliamentary Under Secretary of StateMinistry of Justice

SCHEDULE 1

Article 2

  • The Office of Fair Trading

  • The Financial Services Authority

  • The Financial Reporting Council Limited (registered number 02486368) and its operating bodies the Professional Oversight Board, the Financial Reporting Review Panel, the Accounting Standards Board, the Auditing Practices Board, the Board for Actuarial Standards and the Accountancy and Actuarial Discipline Board Limited (registered number 05081857)

  • The Claims Management Regulator

  • The Law Society of Scotland

  • The Scottish Legal Complaints Commission

  • The Law Society of Northern Ireland

  • The Insolvency Service

  • The Bar Council of Northern Ireland

SCHEDULE 2

Article 3

  • The Insolvency Service

  • The Financial Reporting Council Limited (registered number 02486368) and its operating bodies the Professional Oversight Board, the Financial Reporting Review Panel, the Accounting Standards Board, the Auditing Practices Board, the Board for Actuarial Standards and the Accountancy and Actuarial Discipline Board Limited (registered number 05081857)

EXPLANATORY NOTE

(This note is not part of the Order)

Sections 152 and 168 of the Legal Services Act 2007 (c. 29) set out the circumstances in which the Office for Legal Complaints and the Legal Services Board respectively may disclose restricted information (information obtained in the exercise of their regulatory functions, principally during the investigation of a complaint). This Order specifies additional persons to whom the Office for Legal Complaints and the Legal Services Board may disclose restricted information and prescribes the purposes for which it may be disclosed.

A Regulatory Impact Assessment was prepared for the Legal Services Bill in November 2006 and supplemented in June 2007. In addition an Impact Assessment has been prepared specifically for this Order. That Impact Assessment is annexed to the Explanatory Memorandum which is available alongside this instrument on www.legislation.gov.uk.