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The Commissioner's powers
The Legal Services Complaints Commissioner, Zahida Manzoor CBE, is an independent, government-appointed regulator.
The Commissioner's main powers are in the Access to Justice Act 1999 at sections 51 and 52, and Schedule 3 to the Act.
Powers relating to the Law Society
Under section 52(2) of the Act the Commissioner has powers to:
- require the Law Society to provide information or make reports about the handling of complaints about its members
- investigate the handling of complaints
- make recommendations
- set targets
- require the Law Society to submit a plan for the handling of complaints
Penalty
If the Commissioner requires a plan and the Law Society fails to submit a plan that she considers adequate for securing effective and efficient handling of complaints then she can impose a penalty. If the Law Society fails to handle complaints in accordance with a plan then she can also levy a penalty.
The Act sets out what the Commissioner must do before deciding on a penalty. The maximum penalty has been set by the Secretary of State and should be the lower of £1 million and 1% of the annual income of the Law Society.
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