Legal Services Act 2007

128Parties

(1)The respondent is within this section if, at the relevant time, the respondent was an authorised person in relation to an activity which was a reserved legal activity (whether or not the act or omission relates to a reserved legal activity).

(2)The complainant (“C”) is within this section if C—

(a)meets the first and second conditions, and

(b)is not excluded by subsection (5).

(3)The first condition is that C is—

(a)an individual, or

(b)a person (other than an individual) of a description prescribed by order made by the Lord Chancellor in accordance with a recommendation made under section 130.

(4)The second condition is that—

(a)the services to which the complaint relates were provided by the respondent to C;

(b)the services to which the complaint relates were provided by the respondent to an authorised person who procured them on C’s behalf;

(c)the services to which the complaint relates were provided by the respondent—

(i)in the respondent’s capacity as a personal representative or trustee, or

(ii)to a person acting as a personal representative or trustee,

and C is a beneficiary of the estate or trust in question; or

(d)C satisfies such other conditions, in relation to the services to which the complaint relates, as may be prescribed by order made by the Lord Chancellor in accordance with a recommendation made under section 130.

(5)C is excluded if, at the relevant time—

(a)C was an authorised person in relation to an activity which was a reserved legal activity and the services to which the complaint relates were procured by C on behalf of another person,

(b)C was a public body or was acting on behalf of such a body in relation to the services to which the complaint relates, or

(c)C was a person prescribed, or of a description prescribed, as excluded by order made by the Lord Chancellor in accordance with a recommendation made under section 130.

(6)In subsection (4)(b) “authorised person” means an authorised person in relation to any activity which is a reserved legal activity.

(7)In this section—

• “public body” means any government department, local authority or other body constituted for purposes of the public services, local government or the administration of justice;

• “relevant time”, in relation to a complaint, means the time when the act or omission to which the complaint relates took place.