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Written Question
Marriage: Reviews
Monday 19th July 2021

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether the Law Commission is reviewing non-religious belief marriage as part of their review of marriage; and if he will use the powers that are available to him to legalise non-religious marriage ceremonies to help clear the backlog created by the covid-19 outbreak without waiting for that review to report.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

The Law Commission report due later this year is expected to present options for wholesale reform to the law governing marriage ceremonies, which the Government will consider carefully. Options being explored by the Law Commission include offering couples greater flexibility to form their own ceremonies, allowing the ceremony to take place in a much broader range of locations and to provide a framework that could allow non-religious belief organisations (such as Humanists) and/or independent celebrants to conduct legally binding weddings.

The Government will decide on provision for non-religious belief marriage in the light of the Law Commission's recommendations and it is right for us to await these recommendations.

Delivery of registration services falls to local authorities who continue to manage the demand for civil marriage within their respective geographical areas during recovery from the pandemic.


Written Question
Fraud: Solicitors
Monday 18th May 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what routes for compensation victims have when solicitors involved in fraud are struck off or jailed.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act.

The Solicitors Regulation Authority (SRA) regulates the conduct of solicitors and those who breach the conduct rules can be struck off or prosecuted before the Solicitors Disciplinary Tribunal (SDT).

The SRA has a discretionary compensation fund which is mainly for individuals where a solicitor’s firm owes them money. The SRA does not routinely compensate consumers and it is not the role of the SRA to pursue funds lost by clients from specific financial schemes.

In response to the question on the discretionary compensation payments made by the SRA I refer the honourable Member to the answer I gave on 29 April 2020 to question PQ38895.

The latest reports on regulatory performance by the LSB are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports.

There are no plans to review the Legal Services Act 2007. Arm’s Length Bodies of the Ministry of Justice are subject to a regular cycle of reviews as part of the Cabinet Office Tailored Review programme. A Tailored Review of the LSB was published in July 2017 which found that the LSB is generally effective both in promoting the regulatory objectives set out in the Legal Services Act and in delivering its functions.


Written Question
Fraud: Land
Monday 18th May 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the Solicitors Regulation Authority powers to compensate victims of land banking scams involving solicitors.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act.

The Solicitors Regulation Authority (SRA) regulates the conduct of solicitors and those who breach the conduct rules can be struck off or prosecuted before the Solicitors Disciplinary Tribunal (SDT).

The SRA has a discretionary compensation fund which is mainly for individuals where a solicitor’s firm owes them money. The SRA does not routinely compensate consumers and it is not the role of the SRA to pursue funds lost by clients from specific financial schemes.

In response to the question on the discretionary compensation payments made by the SRA I refer the honourable Member to the answer I gave on 29 April 2020 to question PQ38895.

The latest reports on regulatory performance by the LSB are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports.

There are no plans to review the Legal Services Act 2007. Arm’s Length Bodies of the Ministry of Justice are subject to a regular cycle of reviews as part of the Cabinet Office Tailored Review programme. A Tailored Review of the LSB was published in July 2017 which found that the LSB is generally effective both in promoting the regulatory objectives set out in the Legal Services Act and in delivering its functions.


Written Question
Fraud: Solicitors
Monday 18th May 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether the Solicitors Regulation Authority plans to change the discretionary status of compensations payments for victims of fraud involving a solicitor who has been struck-off.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act.

The Solicitors Regulation Authority (SRA) regulates the conduct of solicitors and those who breach the conduct rules can be struck off or prosecuted before the Solicitors Disciplinary Tribunal (SDT).

The SRA has a discretionary compensation fund which is mainly for individuals where a solicitor’s firm owes them money. The SRA does not routinely compensate consumers and it is not the role of the SRA to pursue funds lost by clients from specific financial schemes.

In response to the question on the discretionary compensation payments made by the SRA I refer the honourable Member to the answer I gave on 29 April 2020 to question PQ38895.

The latest reports on regulatory performance by the LSB are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports.

There are no plans to review the Legal Services Act 2007. Arm’s Length Bodies of the Ministry of Justice are subject to a regular cycle of reviews as part of the Cabinet Office Tailored Review programme. A Tailored Review of the LSB was published in July 2017 which found that the LSB is generally effective both in promoting the regulatory objectives set out in the Legal Services Act and in delivering its functions.


Written Question
Solicitors: Regulation
Monday 18th May 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what plans his Department has to review the (a) Legal Services Act 2007 and (b) Legal Services Board's oversight of the (i) Solicitors Regulation Authority and (ii) other regulatory bodies.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act.

The Solicitors Regulation Authority (SRA) regulates the conduct of solicitors and those who breach the conduct rules can be struck off or prosecuted before the Solicitors Disciplinary Tribunal (SDT).

The SRA has a discretionary compensation fund which is mainly for individuals where a solicitor’s firm owes them money. The SRA does not routinely compensate consumers and it is not the role of the SRA to pursue funds lost by clients from specific financial schemes.

In response to the question on the discretionary compensation payments made by the SRA I refer the honourable Member to the answer I gave on 29 April 2020 to question PQ38895.

The latest reports on regulatory performance by the LSB are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports.

There are no plans to review the Legal Services Act 2007. Arm’s Length Bodies of the Ministry of Justice are subject to a regular cycle of reviews as part of the Cabinet Office Tailored Review programme. A Tailored Review of the LSB was published in July 2017 which found that the LSB is generally effective both in promoting the regulatory objectives set out in the Legal Services Act and in delivering its functions.


Written Question
Fraud: Solicitors
Monday 18th May 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will review the support available to victims of fraud involving a solicitor.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

The Solicitors Regulation Authority (SRA) regulates the conduct of solicitors and those who breach the conduct rules can be struck off or prosecuted before the Solicitors Disciplinary Tribunal (SDT). Whilst the SRA does operate a compensation fund, this is for those who have suffered financial loss caused by a solicitor, rather than for those who have lost funds by other means. In response to the question of reviewing these discretionary compensation payments made by the SRA I refer the honourable Member to the answer I gave on 29 April 2020 to question PQ38895.

Where fraud cases are prosecuted, the court has powers to award compensation. In other cases, the Financial Ombudsman Service is available for complaints between consumers and businesses that provide financial services.


Written Question
Fraud: Land
Wednesday 29th April 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many investors in land banking investment scams have been compensated by the Solicitors Regulation Authority as a result of a solicitor being successfully prosecuted.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act. Their latest reports on regulatory performance are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports. The role of the Solicitors Regulation Authority (SRA) is as a regulator of solicitors. The SRA consulted between 21 January and 21 April on changes to its compensation fund. Details about the fund and this exercise are available online here https://www.sra.org.uk/sra/consultations/consultation-listing/access-legal-services/. Should the SRA proceed to change the rules of its compensation fund, it will firstly need to seek the approval of the LSB, and it will be matter for the LSB to determine whether or not to approve the new rules.


Written Question
Solicitors Regulation Authority
Wednesday 29th April 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what recent assessment his Department has made of whether the Solicitors Regulation Authority is effectively meeting its regulatory objectives.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act. Their latest reports on regulatory performance are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports. The role of the Solicitors Regulation Authority (SRA) is as a regulator of solicitors. The SRA consulted between 21 January and 21 April on changes to its compensation fund. Details about the fund and this exercise are available online here https://www.sra.org.uk/sra/consultations/consultation-listing/access-legal-services/. Should the SRA proceed to change the rules of its compensation fund, it will firstly need to seek the approval of the LSB, and it will be matter for the LSB to determine whether or not to approve the new rules.


Written Question
Fraud: Land
Wednesday 29th April 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, for what reasons the Solicitors Regulation Authority has not attempted to recover proceeds of land banking investment scams in cases where solicitors have been successfully prosecuted.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act. Their latest reports on regulatory performance are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports. The role of the Solicitors Regulation Authority (SRA) is as a regulator of solicitors. The SRA consulted between 21 January and 21 April on changes to its compensation fund. Details about the fund and this exercise are available online here https://www.sra.org.uk/sra/consultations/consultation-listing/access-legal-services/. Should the SRA proceed to change the rules of its compensation fund, it will firstly need to seek the approval of the LSB, and it will be matter for the LSB to determine whether or not to approve the new rules.


Written Question
Fraud: Land
Wednesday 29th April 2020

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment his Department has made of whether the Solicitors Regulation Authority is effectively meeting its regulatory objectives when compensating victims of land banking investment scams.

Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice

Under the framework established by the Legal Services Act 2007, the legal profession in England and Wales, and the bodies that regulate it, are independent from government. It is the responsibility of the Legal Services Board (LSB), as oversight regulator, to ensure that the approved regulators are complying with the regulatory objectives set out in the 2007 Act. Their latest reports on regulatory performance are available online here https://www.legalservicesboard.org.uk/our-work/regulatory-performance#regulatory-performance-reports. The role of the Solicitors Regulation Authority (SRA) is as a regulator of solicitors. The SRA consulted between 21 January and 21 April on changes to its compensation fund. Details about the fund and this exercise are available online here https://www.sra.org.uk/sra/consultations/consultation-listing/access-legal-services/. Should the SRA proceed to change the rules of its compensation fund, it will firstly need to seek the approval of the LSB, and it will be matter for the LSB to determine whether or not to approve the new rules.