SCHEDULES
SCHEDULE 19Claims management services
1
The Compensation Act 2006 (c. 29) is amended in accordance with this Schedule.
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5
1
Section 7 (enforcement: offence) is amended as follows.
2
In subsection (2)(b)—
a
in sub-paragraph (i) for “51 weeks” substitute “
12 months
”
, and
b
in sub-paragraph (ii) for “level 5 on the standard scale” substitute “
the statutory maximum
”
.
3
For subsection (3) substitute—
3
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (2)(b)(i) to 12 months is to be read as a reference to 6 months.
I16
1
Section 8 (enforcement: the Regulator) is amended as follows.
2
In subsection (5)—
a
after “the Regulator” (in the second place) insert
—
a
b
after “Part” insert
, and
b
to take possession of any written or electronic records found on the search for the purposes of subsection (6).
3
After subsection (8) insert—
9
The Secretary of State may not make regulations under subsection (8) unless—
a
they are made in accordance with a recommendation made by the Legal Services Board, or
b
the Secretary of State has consulted the Legal Services Board about the making of the regulations.
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8
1
Section 11 (pretending to be authorised etc) is amended as follows.
2
In subsection (4)(b)—
a
in sub-paragraph (i) for “51 weeks” substitute “
12 months
”
, and
b
in sub-paragraph (ii) for “level 5 on the standard scale” substitute “
the statutory maximum
”
.
3
For subsection (6) substitute—
6
In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (4)(b)(i) to 12 months is to be read as a reference to 6 months.
9
In section 13 (appeals and references to Claims Management Services Tribunal), in subsection (4) for “against” substitute “
on a point of law arising from
”
.
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1
The Schedule (claims management regulations) is amended as follows.
2
In paragraph 5(3)(a) for “, guidance or a code given or issued” substitute “
or guidance given
”
.
3
In paragraph 7—
a
in paragraph (e) for “Secretary of State” substitute “
Legal Services Board
”
,
b
in paragraph (g)—
i
for “Secretary of State” substitute “
Legal Services Board
”
, and
ii
after “Fund” insert “
after consultation with the Secretary of State
”
.
4
In paragraph 8(2)(a)(ii) for “Secretary of State” substitute “
Legal Services Board
”
.
5
In paragraph 9(2)(a)(ii) for “Secretary of State” substitute “
Legal Services Board
”
.
6
In paragraph 14, in sub-paragraph (2) for “to enter” to the end substitute—
a
to enter and search premises on which a person conducts or is alleged to conduct regulated claims management business, for the purposes of—
i
investigating a complaint about the activities of an authorised person, or
ii
assessing compliance with terms and conditions of an authorisation, and
b
to take possession of written or electronic records found on the search for the purposes of taking copies in accordance with regulations under sub-paragraph (3).