F1SCHEDULE 3 The Legal Services Ombudsman
Provision for discharge of functions
1
(1)
The F2Secretary of State may give general directions concerning the discharge of the functions of the Legal Services Ombudsman.
(2)
Any such directions shall be published by the F2Secretary of State in such manner as appears to him to be appropriate.
(3)
Subject to any such direction and to the provisions of this Act, the Ombudsman may make such provision as he considers appropriate for the discharge of his functions.
(4)
The Ombudsman may, in particular, make provision as to—
(a)
the procedure to be followed in relation to any investigation conducted by him or on his behalf;
(b)
the form and conduct of any such investigation;
(c)
the form, content and publication of reports under section 23.
Delegation of functions
2
(1)
The Ombudsman may delegate any of his functions to such members of his staff as he thinks fit.
(2)
All recommendations and reports prepared by or on behalf of the Ombudsman must be signed by him.
Remuneration
3
(1)
The F3Secretary of State shall pay to, or in respect of, the Ombudsman, such amounts—
(a)
by way of remuneration, pensions, allowances or gratuities; or
(b)
by way of provision for any such benefits,
as he may determine F4. . ..
(2)
If—
(a)
the Ombudsman ceases to hold office; and
(b)
it appears to the F3Secretary of State that there are special circumstances which make it right that he should receive compensation,
Staff
4
(1)
The Ombudsman may appoint such staff as he thinks necessary for the discharge of his functions.
(2)
(3)
The reference in sub-paragraph (2) to pensions, allowances or gratuities includes a reference to pensions, allowances or gratuities by way of compensation to or in respect of any of the Ombudsman’s staff who suffer loss of employment or loss or diminution of emoluments.
Annual and other reports
5
(1)
The Ombudsman shall make an annual report to the F7Secretary of State on the discharge of his functions during the year to which the report relates.
(2)
The Ombudsman may, in addition, report to the F7Secretary of State at any time on any matter relating to the discharge of the Ombudsman’s functions.
(3)
(4)
The F7Secretary of State shall lay before each House of Parliament a copy of any annual report made to him under sub-paragraph (1).
Accounts and audit
6
(1)
The Ombudsman shall keep accounts with respect to his receipts and expenditure and shall prepare a statement of accounts with respect to each financial year.
(2)
The accounts shall be kept, and the statement of accounts prepared, in such form as the F8Secretary of State may, with the approval of the Treasury, direct.
(3)
The accounts shall be audited by persons appointed by the F8Secretary of State in respect of each financial year.
(4)
The auditors shall send to the F8Secretary of State a copy of the statement of accounts and of their report.
(5)
The F8Secretary of State shall lay before each House of Parliament a copy of every statement of accounts and auditors’ report sent to him under this paragraph.
Financial provisions
7
F9(1)
The Secretary of State may require any professional body (within the meaning of section 22 of this Act) to make payments of such amount as the Lord Chancellor considers appropriate to the Ombudsman towards meeting the expenditure incurred (or to be incurred) by him in the discharge of his functions.
F9(1A)
To the extent that that expenditure is not met by payments under sub-paragraph (1), it shall be met by the Secretary of State out of money provided by Parliament.
(2)
The Ombudsman may, with the approval of the F10Secretary of State, pay fees or allowances to any person who, in the Ombudsman’s opinion, is qualified to assist him in the discharge of his functions and who so assists him.
Parliamentary disqualification etc.
8
(1)
In Part III of Schedule 1 to the M1House of Commons Disqualification Act 1975 (disqualifying offices) the following entry shall be inserted at the appropriate place— “
The Legal Services Ombudsman
”
.
(2)
The same entry shall be inserted at the appropriate place in Part III of Schedule 1 to the M2Northern Ireland Assembly Disqualification Act 1975.
Acting Ombudsman
9
(1)
The F11Secretary of State may appoint a person to exercise the functions of the Ombudsman where—
(a)
the Ombudsman’s office becomes vacant; or
(b)
the Ombudsman—
(i)
is incapable of exercising his functions; or
(ii)
considers that it would be inappropriate for him to exercise any of his functions in connection with a particular matter (because of a possible conflict of interests or for any other reason).
(2)
A person so appointed shall have the powers of the Ombudsman but shall act only in accordance with the terms on which he is appointed.