158 Regulatory arrangements not prohibited by section 157

(1) Section 157 does not prohibit the regulatory arrangements of an approved regulator from making provision requiring, or authorising the approved regulator to require, a relevant authorised person—

(a) to investigate whether there are any persons who may have a claim against the relevant authorised person in relation to a matter specified by the approved regulator;

(b) to provide the approved regulator with a report on the outcome of the investigation;

(c) to identify persons (“affected persons”) who may have such a claim;

(d) to notify affected persons that they may have such a claim;

(e) to provide affected persons with information about the relevant authorised person’s complaints procedures and the ombudsman scheme;

(f) to ensure that the relevant authorised person’s complaints procedures operate as if an affected person had made a complaint against the relevant authorised person in respect of the act or omission to which the claim relates.

(2) For the purposes of subsection (1) “claim”, in relation to a relevant authorised person, means a claim for redress resulting from an act or omission of that person.

(3) For the purposes of this section—

(a) “relevant authorised person”, in relation to an approved regulator, means a person authorised by that approved regulator to carry on an activity which is a reserved legal activity, and

(b) a relevant authorised person’s complaints procedures are the procedures established by that person, or which that person participates in or is subject to, in accordance with regulatory arrangements made in accordance with section 112.

(4) This section applies in relation to the Board in its capacity as a licensing authority as it applies in relation to an approved regulator, and in relation to the Board references to regulatory arrangements are to be read as references to the Board’s licensing rules.

159 Legal Services Complaints Commissioner and Legal Services Ombudsman

(1) The offices of Legal Services Complaints Commissioner and Legal Services Ombudsman are abolished.

(2) Accordingly—

(a) sections 51 and 52 of, and Schedule 8 to, the Access to Justice Act 1999 (c. 22), and

(b) sections 21 to 26 of, and Schedule 3 to, the Courts and Legal Services Act 1990 (c. 41),

are repealed.

Interpretation

160 Interpretation of Part 6

In this Part—

• “complainant”, in relation to a complaint, means the person who makes the complaint;

• “relevant authorising body”, in relation to a person, means—

  (a)

  an approved regulator by which the person is authorised to carry on an activity which is a reserved legal activity, or

  (b)

  where the person is authorised to carry on such an activity by the Board in its capacity as a licensing authority, the Board;

• “respondent”, in relation to a complaint, is to be construed in accordance with section 125 (except that, where scheme rules of the kind mentioned in section 133(3)(c) have effect, references to the “respondent” include a person treated as a co-respondent under those rules).

Claims management services

161 Extension of Part 6 to claims management services

(1) For the purposes of this Part (and sections 1, 21 and 27 as they apply in relation to this Part)—

(a) the Claims Management Services Regulator is to be treated as an approved regulator;

(b) regulated claims management services are to be treated as a reserved legal activity;

(c) a person authorised by the Claims Management Services Regulator, under Part 2 of the Compensation Act 2006 (c. 29), to provide regulated claims management services is to be treated as an authorised person in relation to that activity;

(d) the Claims Management Services Regulator is to be treated as a relevant authorising body in relation to such a person; and

(e) regulations under section 9 of, and the Schedule to, the Compensation Act 2006 (regulations about the functions of the Claims Management Services Regulator etc) are to be treated as regulatory arrangements of the Claims Management Services Regulator.

(2) For the purposes of sections 112 and 145 (as extended by this section) a person authorised by the Claims Management Services Regulator under Part 2 of the Compensation Act 2006 to provide regulated claims management services is to be treated as a “relevant authorised person” in relation to the Regulator.

(3) Section 9 of, and the Schedule to, the Compensation Act 2006 (regulations about the functions of the Claims Management Regulator etc) are subject to any requirements imposed by this Part in relation to the regulatory arrangements of the Claims Management Regulator.

(4) In this section—

• “Claims Management Services Regulator” means—

  (a)

  the person designated under section 5(1) of the Compensation Act 2006, or

  (b)

  at a time when no person is so designated, the Board;

• “regulated claims management services” has the same meaning as in Part 2 of the Compensation Act 2006.