Legal Services Ombudsman Act 2009
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Revocation of Solicitors (Adjudicator) Regulations 1997 and Solicitors (Adjudicator) (Amendment) Regulations 2005 and transitional provisions in relation thereto. |
38.— (1) The Solicitors (Adjudicator) Regulations 1997 ( S.I. No. 406 of 1997 ) and the Solicitors (Adjudicator) (Amendment) Regulations 2005 ( S.I. No. 720 of 2005 ) are revoked. | |
(2) Where an investigation of a complaint under the Regulations revoked under subsection (1)— | ||
(a) has not been commenced, or | ||
(b) has been commenced but has not been completed, | ||
before the commencement of that subsection, the complaint shall, on and after the commencement of that subsection, be deemed to be a complaint made to the Legal Services Ombudsman, and the other provisions of this Act shall, with any necessary modifications, be construed accordingly. | ||
(3) It shall be the duty of the Adjudicator to render such assistance as the Legal Services Ombudsman may reasonably require to enable the Ombudsman— | ||
(a) to investigate a complaint under the Regulations revoked under subsection (1) which has not been commenced before the commencement of that subsection, or | ||
(b) to complete the investigation of a complaint under those Regulations which has been commenced but has not been completed before the commencement of that subsection, | ||
and such assistance may be or include the provision of records or documents, or copies thereof, relating to the complaint in the possession or control, or within the procurement, of the Adjudicator. | ||
(4) In this section, “ Adjudicator ” means— | ||
(a) before the commencement of subsection (1), the Adjudicator within the meaning of Regulation 2(a) of the Solicitors (Adjudicator) Regulations 1997 ( S.I. No. 406 of 1997 ), | ||
(b) on and after that commencement, the person who was, immediately before that commencement, the Adjudicator referred to in paragraph (a). |