Section 164: Power to establish voluntary scheme for resolving complaints

Legal Services Act 2007 · 2007 c. 29View on legislation.gov.uk

Part 7: Further provisions relating to the Board and the OLC

This section and section 166 provide for a scheme under which legal services complaints may be resolved quickly and with minimum formality by an independent person.

The OLC may make rules ("voluntary scheme rules") establishing such a scheme ("the voluntary scheme"), but only in relation to such kinds of legal services complaints as may be specified by order made by the Lord Chancellor for the purposes of this section.

An order under subsection (2) may in particular specify a kind of legal services complaint by reference to the description of the complainant, of the respondent, or of the legal services to which the complaint relates.

"Legal services complaint" means a complaint which relates to an act or omission of an eligible person ("the respondent") in the course of that person providing legal services.

For that purpose a person is eligible if at the time the act or omission took place there was no activity in relation to which the person—

was an authorised person, or
is to be regarded as having been such a person by virtue of section 129.

Under the voluntary scheme—

redress may be provided to the complainant, but
no disciplinary action may be taken against the respondent.

Voluntary scheme rules may confer functions on ombudsmen for the purposes of the voluntary scheme.

Section 131 applies for the purposes of the voluntary scheme as it applies for the purposes of the ombudsman scheme.

Sections 155 and 156 apply in relation to voluntary scheme rules as they apply in relation to scheme rules.

In this section—

  • "legal services" means services provided by a person which consist of or include legal activities carried on by, or on behalf of, that person;

  • "the voluntary scheme" and "voluntary scheme rules" have the meaning given by subsection (2).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.