Amendments to the 2006 Regulations2

1

The 2006 Regulations are amended as follows.

2

In regulation 3 (definitions)—

a

after the definition of “code of practice” insert—

  • “ombudsman” means the Chief Ombudsman or an assistant ombudsman appointed under section 122 of the 2007 Act;

b

after the definition of “the Act”, insert—

  • “the 2007 Act” means the Legal Services Act 20074.

3

In regulation 12(5) (conditions of authorisation)—

a

omit sub-paragraph (h);

b

in sub-paragraph (i), for “regulation 29(1) or 29(3)” substitute “regulation 29”.

4

Omit regulation 27 (redress).

5

In the heading of Part 7 before regulation 28, for “Complaints” substitute “Information and Directions”.

6

Omit regulation 28 (review by the Regulator of complaint handling).

7

Before regulation 29 (directions of the Regulator about complaints handling and related matters) insert—

Power to share information28A

1

Without prejudice to any other power to disclose information, the Regulator must disclose to a person listed in paragraph (2) any information for which such a person makes a written request, if the Regulator is satisfied that the information is reasonably required by that person in order to discharge that person’s functions under Part 6 of the 2007 Act.

2

The persons referred to in paragraph (1) are—

a

the Office for Legal Complaints5;

b

an ombudsman;

c

a member of the staff of the Office for Legal Complaints appointed under paragraph 13 of Schedule 15 to the 2007 Act.

8

In regulation 29—

a

for sub-paragraph (1)(a), substitute—

a

an authorised person has breached a condition of authorisation under regulation 12; or

b

omit paragraph (2);

c

in paragraph (3), omit “also”;

d

after paragraph (3), insert—

3A

A direction under paragraph (3) must not direct the authorised person to make redress to a person in respect of acts or omissions of authorised persons.

e

in paragraph (4), omit “(2) or”.