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:

  1. require the Law Society to provide information or make reports about the handling of complaints about its members
  2. investigate the handling of complaints
  3. make recommendations
  4. set targets
  5. 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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