Legal Services Bill [HL]

moved Amendment No. 122: 122: Clause 129 , page 66, line 21, leave out ““may”” and insert ““must”” The noble Lord said: I shall also speak to Amendment No. 123. The purpose of the amendments is to protect the interests of complainants when, for whatever reason, they are unable to include provision for payment of redress into a person’s estate. The amendments would make such a provision mandatory for the scheme rules. Once the OLC has upheld a complaint it seems only equitable that redress must be paid. It would be wrong for the party at fault to escape redress because of some misfortune befalling the complainant. The amendment would ensure that such rights to compensation or other redress continue. Since Clause 129(4) already grants the power to legislate for such a provision, we are not asking the Government to accept a new matter of principle, merely to put it in the Bill. I beg to move.