Legal Services Bill [Lords]

With this it will be convenient to discuss the following amendments: No. 154, in page 68, line 41, leave out from ‘circumstances’ to end of line 43 and insert ‘to another body with a view to it being determined by that body instead of by an ombudsman, with particular regard to— (i) mixed complaints provided by authorised persons under any part of this Act; (ii) whether determination of the complaint by a body other than the ombudsman will be unduly prejudicial to the complainant or authorised person; (iii) provisions for managing a complainant’s dissatisfaction regarding the determination of the complaint referred to another body under this subsection.’. No. 56, in page 69, line 14, at end insert— ‘(ha) for an ombudsman to award costs against the respondent in favour of the OLC for the purpose of providing a contribution to resources deployed in dealing with the complaint if— (i) the complaint against the respondent is determined or otherwise resolved substantially in favour of the complainant, or (ii) in the ombudsman’s opinion the respondent failed to deal with the complaint in accordance with the regulatory arrangements which the relevant approved regulator has made under section 112’. No. 57, in line 48 [Clause 136], after ‘(3)(h)’, insert ‘, (ha),’. Government amendment No. 93, in page 70, line 43, at end insert— ‘(1A) The rules must provide for charges payable in relation to a complaint to be reduced or waived (or partly or wholly refunded) where— (a) the complaint is determined or otherwise resolved in favour of the respondent, and (b) the ombudsman is satisfied that the respondent took all reasonable steps to try to resolve the complaint under the respondent’s complaints procedures. (1B) The rules may make provision as to— (a) the circumstances in which a complaint is to be treated as determined or otherwise resolved in favour of the respondent (which may include circumstances where a complaint is settled, withdrawn or abandoned (or treated as withdrawn or abandoned by virtue of scheme rules)); (b) matters to be taken into account by the ombudsman for the purposes of subsection (1A)(b). (1C) The respondent’s complaints procedures are the procedures established by the respondent, or which the respondent participates in or is subject to, in accordance with regulatory arrangements (or licensing rules of the Board) made in accordance with section 112.’. Amendment (a) thereto, in line 2, leave out ‘reduced or’. Amendment (b) thereto, in line 2, leave out ‘or partly’. No. 58, in page 70, line 43, at end insert— ‘(1A) The rules must provide for the OLC to reduce or waive a charge in circumstances where— (a) the complaint relates to activity undertaken otherwise than for reward, or (b) it appears to the OLC that the amount of a charge, unless reduced or waived, would be disproportionate having regard to the gravity or nature of the complaint, the value (if any) of the subject matter of the activity to which it relates, or the consideration payable for the services used by the complainant which consist of or include that activity, or (c) it appears to the OLC that the amount of a charge, unless reduced or waived, would cause the respondent undue hardship. (1B) The rules must also provide for the refund of the whole or part of a charge where circumstances coming to the OLC’s attention since the charge was paid are such that it appears to the OLC that the amount of the charge, unless wholly or partly refunded— (a) is disproportionate having regard to the gravity or nature of the complaint, the value (if any) of the subject matter of the activity to which it relates, or the consideration payable for the services used by the complainant which consist of or include that activity, or (b) causes the respondent undue hardship. (1C) Scheme rules must provide that any charge in relation to a complaint shall not become payable by a respondent unless the complaint is determined or otherwise resolved substantially in favour of the complainant.’. Government amendment No. 94. No. 59, in page 71, line 2, after ‘case’, insert ‘(other than one to which rules pursuant to subsection (1A) apply)’. Government amendment No. 95. No. 60, in line 5, after ‘circumstances’, insert ‘(other than circumstances in which rules pursuant to subsection (1B) apply)’. Government amendment No. 96. No. 76, in clause 138, page 72, line 15, leave out ‘£20,000’ and insert ‘£50,000’. No. 145, in line 15, at end insert ‘or a higher sum which the Lord Chancellor may by order prescribe.’. No. 77, in page 72 , leave out lines 22 to 24. No. 72, in clause 140, page 73, line 42, at end insert— ‘(10A) Where a determination has become final and binding in accordance with this section, the complainant may appeal to the High Court against the determination, the terms of any direction made under section 137(2), or any omission to make such a direction.’. No. 73, in page 73, line 42, at end insert— ‘(10B) Where a determination has become final and binding in accordance with this section, the respondent may appeal to the High Court against the determination or any direction made under section 137(2).’. No. 74, in line 44, after ‘proceedings’, insert ‘(except an appeal under subsection (10A) or (10B))’. Government amendment No. 97, in page 75, line 21 [Clause 143], at end insert— ‘(2A) The ombudsman must give the complainant a notice stating that a report under subsection (2) has been given to the relevant authorising body.’. Amendment (a) thereto, in line 2, at end add— ‘(2B) The relevant authorising body must report to the complainant the action which has been or is to be taken by it in response to the report and the reasons for that action being taken.’. Government amendment No. 98. Government amendment No. 109. No. 155, in schedule 15, page 224, line 22, at end insert— ‘(3) The persons with whom the OLC may make arrangements under subparagraph (1) above include approved regulators and external regulators. (4) The arrangements that the OLC may make include arrangements for assistance to be provided to an ombudsman in relation to the investigation and consideration of a complaint.’.