Tribunals Powers and Procedures Legislation Bill

  • enacted
118 Section 206 amended (Proceedings of Legal Complaints Review Officer)

(1)

Replace section 206(2) with:

(2)

Despite anything in this Act to the contrary, if it appears to the Legal Complaints Review Officer that a review can be adequately determined on the papers, he or she may, without the consent of the parties, do so on the basis of the information available, including any information obtained under section 204(b).

(2A)

Before doing so, he or she must give the parties a reasonable opportunity to comment on whether the review should be dealt with in that manner.

(2B)

The hearing of a matter or any part of it may be conducted by telephone, audiovisual link, or other remote access facility if the Legal Complaints Review Officer considers it appropriate and the necessary facilities are available.

(2)

After section 206(3), insert:

(3A)

The Legal Complaints Review Officer’s powers to determine a review are not affected by the failure of any party to—

(a)

make a submission or comment within the time allowed; or

(b)

give specified information within the time allowed; or

(c)

attend, or participate in, a hearing called by the Legal Complaints Review Officer; or

(d)

do any other thing the Legal Complaints Review Officer asks for or directs.

(3B)

If any failure of the kind referred to in subsection (3A) occurs in review proceedings, the Legal Complaints Review Officer may—

(a)

draw from the failure any reasonable inferences he or she thinks fit; and

(b)

determine the review concerned on the basis of the information available to him or her or strike out the application for review under section 205; and

(c)

give any weight he or she thinks fit to information—

(i)

that he or she asked for, or directed to be provided; but

(ii)

that was provided later than requested or directed.

(3)

In section 206(4), replace “subject to subsection (3),” with “subject to subsection (3) and section 211A section 206A,”.

(4)

In section 206(5), replace and to any rules made under this Act, with , any rules made under this Act, and any practice notes issued under section 215A,.

(5)

After section 206(5), insert:

(6)

Forms for use by the Legal Complaints Review Officer may be approved by the chief executive of the Ministry of Justice after consulting the Legal Complaints Review Officer.