Explanatory Notes

Legal Services Act 2007

2007 CHAPTER 29

30th October 2007

Commentary on Sections

Part 6: Legal Complaints

Complaints Handling – the new system

Section 161: Extension of Part 6 to claims management services

384.This section extends Part 6 of the Act to bring claims management services within the ombudsman scheme complaints handling jurisdiction. Although the provision of regulated claims management services is not designated as a reserved legal activity, this section brings those persons authorised under Part 2 of the Compensation Act 2006 within the ombudsman scheme’s jurisdiction on the same basis as authorised persons in relation to an activity which is a reserved legal activity.

385.For the purposes of Part 6, the claims management regulator is treated as an approved regulator, and regulated claims management services are treated as a reserved legal activity. This affects, among other things, the definition of a lay person in Schedule 15, which is to be read as excluding a person authorised under Part 2 of the 2006 Act (so that a person who is or has been authorised under Part 2 of the 2006 Act may not be appointed as Chief Ombudsman).