Legal Services – Claims Management Regulation
Any business in England and Wales providing advice or other services in relation to making of a claim are regulated by The Compensation Act 2006, except for those already regulated, such as solicitors, insurers and independent trade unions. The key objectives of claim management regulations are to: protect and promote the interests of consumers and the public, improve access to justice, improve standards of competence and conduct and promote practices to facilitate compensation between different providers of regulated claim management services.
You can find all regulations that relate to claims management regulation below to the left. Please note that this theme will close for comment on 5 July 2012.
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Compensation (Regulated Claims Management Services) Order 2006
This Order defines the scope of regulation in terms of the services and kinds of claim that are covered under the Compensation Act 2006. The services covered include seeking out potential claimants, advising claimants, making representations and carrying out investigations in the areas of Personal injury, Criminal injuries compensation, Employment matters, Housing disrepair, and Financial products and services. Anyone wishing to undertake these services must be authorised by the Claims Management Regulator (Ministry of Justice).
The Compensation (Specification of Benefits) Order 2006
Specifies that claims for Industrial Injuries Benefits Disablement are included in the claims types that are covered by the Compensation (Regulated Claims Management Services) Order 2006
Compensation Exemptions Order 2007 as amended by the Exemptions (Amendment) Order 2008
These Orders set out the activities and businesses (e.g. law firms) that are exempt from the requirement to seek authorisation under the Compensation Act 2006 to provide regulated claims management services. This may be, for instance, because they are already regulated by another body.
Compensation (Claims Management Services) Regulations 2006 (as amended by the Compensation (Claims Management Services) (Amendment)) Regulations 2008
Provides the detailed requirements for the delivery of claims management regulation including arrangements for authorisation, setting fees, provision for the making of conduct rules, powers to carry out investigations and audits and grounds and procedures for suspending, cancelling or adding conditions to a person’s authorisation.
Tell us what you think should happen to these regulations and why, being specific where possible:
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?