MoJ kicks off full-scale review of legal services framework
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Consultation will identify concerns over the complexity of the legal services regulatory landscape and potentially recast the whole legislative framework
The Ministry of Justice has started a consultation on the simplification of the legal services framework with a view to reducing the regulatory burden on the profession.
A call for evidence from stakeholders - regulators and legal services providers - officially kick-started the review this afternoon.
In a written ministerial statement, justice minister Helen Grant said concerns over the complexity of the current regulatory landscape had prompted the government to undertake a full-scale review of the regulation of legal services.
"The purpose of this review is to consider what could be done to simplify the regulatory framework and reduce unnecessary burdens on the legal sector whilst retaining appropriate regulatory oversight," she said.
"This review will encompass the full breadth of the legislative framework, covering at least 10 pieces of primary legislation and over 30 statutory instruments. We are also open to comments on the interaction between the legislative framework and the detailed rules and regulations of the approved regulators, licensing authorities and of the Legal Services Board and Office for Legal Complaints.
The written statement follows comments by David Edmonds to the Justice Committee in March that parliament should set up a single regulator.
Several committee members ostensibly grilled the LSB chair about his organisation's contribution to simplifying access to legal services, suggesting the layers of regulation and number of regulators was confusing for the public.
In response, Edmonds said: "We have something that could be simplified, quite easily. I don't see why in two-three years' time it wouldn't be possible to create a regulator that applied itself across the whole landscape."
Although most current frontline regulators accept the system could be simplified, none agree with Edmonds's suggestion to roll them all into one, but his idea could now resurface in the government's consultation.
Grant said the government wanted to hear about concerns with, and ideas for reducing, regulatory burdens and simplifying the legal services regulatory framework.
"We are seeking views from a range of stakeholders across the legal services sector including the representative and regulatory arms of each of the approved regulators and licensing authorities, and those applying to be approved regulators/licensing authorities, the Legal Services Board, Office for Legal Complaints, Legal Services Consumer Panel, Office of Fair Trading, consumer bodies, legal academics and the judiciary. We will also be seeking views from persons providing legal services," Grant said.