(1)Section 157 does not prohibit the regulatory arrangements of an approved regulator from making provision requiring, or authorising the approved regulator to require, a relevant authorised person—
(a)to investigate whether there are any persons who may have a claim against the relevant authorised person in relation to a matter specified by the approved regulator;
(b)to provide the approved regulator with a report on the outcome of the investigation;
(c)to identify persons (“affected persons”) who may have such a claim;
(d)to notify affected persons that they may have such a claim;
(e)to provide affected persons with information about the relevant authorised person's complaints procedures and the ombudsman scheme;
(f)to ensure that the relevant authorised person's complaints procedures operate as if an affected person had made a complaint against the relevant authorised person in respect of the act or omission to which the claim relates.
(2)For the purposes of subsection (1) “claim”, in relation to a relevant authorised person, means a claim for redress resulting from an act or omission of that person.
(3)For the purposes of this section—
(a)“relevant authorised person”, in relation to an approved regulator, means a person authorised by that approved regulator to carry on an activity which is a reserved legal activity, and
(b)a relevant authorised person's complaints procedures are the procedures established by that person, or which that person participates in or is subject to, in accordance with regulatory arrangements made in accordance with section 112.
(4)This section applies in relation to the Board in its capacity as a licensing authority as it applies in relation to an approved regulator, and in relation to the Board references to regulatory arrangements are to be read as references to the Board's licensing rules.
Commencement Information
I1S. 158 in force at 6.10.2010 by S.I. 2010/2089, art. 2(a) (with art. 5) (as amended (30.9.2011) by S.I. 2011/2196, art. 6)