Legal Services Regulation Act 2015

In short

This law establishes the Legal Services Regulatory Authority and sets out rules for legal practitioners, including how they are regulated, how complaints against them are handled, and how legal costs are managed. It aims to ensure proper standards and client protection within the legal profession.

What it regulates

The establishment and functions of the Legal Services Regulatory Authority.
Inspections and the holding of clients' money by legal practitioners.
Professional indemnity insurance and limitation of liability for legal practitioners.
The process for making complaints against legal practitioners and disciplinary hearings.
The imposition of a levy on professional bodies and certain barristers.
The operation of legal partnerships, multi-disciplinary practices, and limited liability partnerships.
Obligations for practising barristers, including maintaining a roll.
The regulation and adjudication of legal costs.

Who it concerns

Legal practitioners, including barristers and solicitors.
Clients of legal practitioners.
Professional bodies such as the Law Society and Bar Council.

Key points

Establishes the Legal Services Regulatory Authority to oversee legal services.
Requires legal practitioners to have professional indemnity insurance.
Outlines a detailed process for handling complaints against legal practitioners, from preliminary review to disciplinary tribunals.
Mandates legal practitioners to provide notice of costs and attempt to resolve disputes regarding legal costs.
Allows for the formation of legal partnerships, multi-disciplinary practices, and limited liability partnerships under specific regulations.

Legal text

Legal Services Regulation Act 2015 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2015 Legal Services Regulation Act 2015 Legal Services Regulation Act 2015 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 65 of 2015 LEGAL SERVICES REGULATION ACT 2015 CONTENTS PART 1 Preliminary and General Section 1. Short title, commencement and collective citation 2. Interpretation and construction 3. Regulations and orders 4. Expenses 5. Repeals 6. Review of Act PART 2 Legal Services Regulatory Authority 7. Establishment day 8. Establishment of Legal Services Regulatory Authority 9. Membership of Authority and terms of membership 10. Term of appointment of members of Authority 11. Disqualification for office of member of Authority 12. Removal of member of Authority 13. Functions of Authority 14. Meetings and business 15. Membership of either House of the Oireachtas, European Parliament, etc. 16. Committees of Authority 17. Power to appoint consultants and advisers and to enter into contracts 18. Legal privilege 19. Non-disclosure of confidential information 20. Strategic plans 21. Reports to Minister 22. Powers of Authority in relation to codes of practice 23. Powers of Authority in relation to professional codes 24. Chief executive 25. Staff of Authority 26. Transfer of staff of Law Society or Bar Council 27. Superannuation 28. Accounts and audit 29. Accountability of chief executive to Oireachtas Committee established to examine, etc., appropriation accounts etc. 30. Accountability of chief executive to Oireachtas Committees 31. Power to charge and recover fees 32. Advances by Minister to Authority 33. Annual report on admission policies of legal professions 34. Reports on specified matters to Minister 35. Order to prohibit contravention of Act 36. Prosecution of offences PART 3 Inspections - Legal Practitioners 37. Inspectors 38. Inspection on direction of Authority 39. Powers of Inspectors 40. High Court order to exercise certain powers under section 39 41. High Court direction to comply with inspection 42. Offences 43. Report to Authority in certain circumstances following inspection 44. Admissibility of evidence obtained in course of inspection PART 4 Holding of Clients’ Moneys by Legal Practitioners 45. Legal practitioners authorised to hold moneys of clients PART 5 Matters relating to protection of Clients of Legal Practitioners 46. Legal practitioners to have professional indemnity insurance 47. Regulations regarding professional indemnity insurance 48. Limitation of legal practitioner’s liability by contract PART 6 Complaints and Disciplinary Hearings in respect of Legal Practitioners 49. Construction (Part 6) 50. Misconduct by legal practitioners 51. Complaints under Part 6 52. Referral of complaints by Bar Council, Honorable Society of King’s Inns, Law Society 53. Limitation period 54. Withdrawal of complaint under Part 55. Regulations regarding complaints 56. Fees in respect of complaints 57. Preliminary review of complaints 58. Admissibility of complaints 59. Authority may request Law Society to investigate matter relevant to complaint 60. Authority to facilitate resolution of complaints made under this Part relating to inadequate services 61. Authority to facilitate resolution of complaints made under this Part relating to excessive costs 62. Review Committee 63. Appeal to High Court from determination of Review Committee 64. Authority to offer assistance in resolving matter in dispute where it appears that conduct could constitute misconduct 65. Resolution of complaint by mediation or informal means — additional provisions 66. Agreement by legal practitioner to participate in resolution of matter under section 60, 61 or 64 not to be treated as admission of liability 67. Guidelines for resolution of complaints by mediation or informal means 68. Authority to refer complaints relating to misconduct to Complaints Committee 69. Establishment and membership of Complaints Committee 70. Investigation of complaints 71. Power of Divisional Committee to specify measures 72. Appeal of determination of Divisional Committee 73. Publication of reports by Authority relating to its functions under this Part 74. Establishment of Legal Practitioners Disciplinary Tribunal 75. Membership of Disciplinary Tribunal 76. Chairperson of Disciplinary Tribunal 77. Applications to Disciplinary Tribunal 78. Presentation of case to Disciplinary Tribunal 79. Regulations relating to Disciplinary Tribunal 80. Powers of Disciplinary Tribunal as to taking of evidence, etc. 81. Inquiry by Disciplinary Tribunal 82. Sanctions following finding of misconduct by Disciplinary Tribunal 83. Persons who may appeal determination of Disciplinary Tribunal and matters in respect of which appeal may be brought 84. Appeals to High Court from Disciplinary Tribunal 85. Consideration of matter by High Court where referred by Disciplinary Tribunal 86. Exercise of jurisdiction of High Court under sections 84 and 85 87. Appeals to Court of Appeal 88. Orders made by High Court or determinations made by Authority 89. Privilege (Part 6) 90. Enforcement of order of Disciplinary Tribunal under this Part 91. Transitional provisions in relation to solicitors 92. Transitional provisions in relation to barristers 93. Authority may appoint monitor for purposes of section 14C of Act of 1994 94. Power of Authority under Part 6 PART 7 Imposition of levy on Professional Bodies and certain Barristers to cover expenses of Authority and Disciplinary Tribunal 95. Levy to be paid by Law Society, Bar Council and certain barristers 96. Failure to pay amount specified in levy assessment notice 97. Exemption for legal practitioner in full time service of the State 98. Regulations relating to levy PART 8 Legal Partnerships, Direct Professional Access, Multi-disciplinary Practices and Limited Liability Partnerships Chapter 1 Interpretation 99. Interpretation (Part 8) Chapter 2 Legal Partnerships, Direct Professional Access and Multi-Disciplinary Practices 100. Legal partnerships and professional codes 101. Professional code not to prevent direct professional access to barrister 102. Multi-disciplinary practices and professional codes 103. Complaints under Part 6 in respect of legal practitioners in limited partnerships, multi-disciplinary practices and limited liability partnerships 104. Notification of Authority of commencement, cessation of provision of legal services by a legal partnership 105. Legal partnership to have professional indemnity insurance 106. Notification of Authority of commencement, cessation of provision of legal services by multi-disciplinary practice 107. Partners in multi-disciplinary practice 108. Managing legal practitioner 109. Obligations of legal practitioners in multi-disciplinary practice 110. Operation of multi-disciplinary practice 111. Letter of engagement 112. Multi-disciplinary practice to have professional indemnity insurance 113. Saver for Compensation Fund under section 21 of Solicitors (Amendment) Act 1960 114. Power of Authority to specify measures 115. Application to High Court for order suspending or ceasing provision of legal services by multi-disciplinary practice 116. Regulations on operation of legal partnerships and multi-disciplinary practices 117. Authority to maintain register of legal partnerships and multi-disciplinary practices 118. Public consultation on operation etc., of legal partnerships 119. Report on operation etc., of multi-disciplinary practices 120. Public consultation on certain issues relating to barristers 121. Review of operation of this Part Chapter 3 Limited Liability Partnerships 122. Limited liability partnership and professional codes 123. Liability of partner in a limited liability partnership 124. Property of partnership 125. Application for limited liability partnership 126. Authority to maintain register of limited liability partnerships 127. Power of Authority to issue direction for failure to comply with statutory requirements 128. Application to High Court for order in respect of failure to comply with direction under section 127 129. Ceasing to operate as a limited liability partnership 130. Regulations on operation of limited liability partnerships 131. Disapplication of section 3 of Registration of Business Names Act 1963 132. Amendment of section 27 of Companies Act 2014 PART 9 Obligations of Practising Barristers 133. Roll of practising barristers 134. Entry of name on roll 135. Variation of entry on roll 136. Prohibition on unqualified person providing legal services as practising barrister 137. Prohibition on pretending to be qualified barrister PART 10 Legal Costs Chapter 1 Interpretation 138. Interpretation (Part 10) Chapter 2 Office of the Legal Costs Adjudicator 139. Office 140. Register of determinations 141. County registrars 142. Guidelines on performance of functions of Chief Legal Costs Adjudicator under this Part 143. Review of scales of fees 144. Strategic plan 145. Business plan 146. Chief Legal Costs Adjudicator to submit annual report 147. Amendment of Court Officers Act 1926 148. Amendment of Courts (Supplemental Provisions) Act 1961 Chapter 3 Legal practitioners’ duties in relation to legal costs 149. Prohibitions on charging costs in certain circumstances 150. Legal practitioner to provide notice of conduct of matter, costs, etc. 151. Agreement regarding legal costs, etc. 152. Legal practitioner to provide bill of costs 153. Legal practitioner to attempt to resolve dispute Chapter 4 Adjudication of legal costs 154. Application for adjudication of legal costs 155. Matters to be ascertained in course of adjudication of costs 156. Powers of Legal Costs Adjudicator 157. Determination of applications 158. Effect of determination 159. Reference to High Court 160. Consideration by Legal Costs Adjudicator of determination 161. Review of determination of Legal Costs Adjudicator Chapter 5 Miscellaneous 162. Privilege in respect of adjudications 163. Power to specify forms 164. Transitional — Taxing-Masters 165. Transitional — matters in course and legal proceedings 166. Information, documents, records, etc. 167. References PART 11 Legal Costs in Civil Proceedings 168. Power to award legal costs 169. Costs to follow event PART 12 Patents of Precedence 170. Definitions (Part 12) 171. Power to grant, and to revoke grant of, Patent 172. Advisory Committee on the grant of Patents of Precedence 173. Criteria for grant of Patent 174. Application for recommendation 175. Revocation of grant of Patent 176. Solicitor granted Patent while barrister PART 13 Amendments of Solicitors Acts 1954 to 2011 177. Amendment of section 3 of Act of 1954 178. Amendment of section 5 of Act of 1954 179. Amendment of section 47 of Act of 1954 180. Amendment of section 48 of Act of 1954 181. Amendment of section 49 of Act of 1954 182. Amendment of section 66 of Act of 1954 183. Amendment of section 71 of Act of 1954 184. Amendment of section 3 of Act of 1960 185. Solicitor shall not have connection, accept instructions, from certain persons 186. Amendment of section 7 of Act of 1960 187. Amendment of section 9 of Act of 1960 188. Amendment of section 10 of Act of 1960 189. Amendment of section 14 of Act of 1960 190. Amendment of section 17 of Act of 1960 191. Amendment of section 24 of Act of 1960 192. Amendment of section 31 of Act of 1960 193. Amendment of section 2 of Act of 1994 194. Amendment of section 8 of Act of 1994 195. Amendment of section 9 of Act of 1994 196. Amendment of section 10 of Act of 1994 197. Amendment of section 14 of Act of 1994 198. Amendment of section 14A of Act of 1994 199. Monitor appointed by Authority may attend committee meetings 200. Amendment of section 22 of Act of 1994 201. Amendment of section 26 of Act of 1994 202. Amendment of section 35 of Act of 1994 203. Amendment of section 38 of Act of 1994 204. Amendment of section 58 of Act of 1994 205. Amendment of section 59 of Act of 1994 206. Amendment of section 1 of Act of 2002 207. Amendment of section 5 of Act of 2002 208. Amendment of section 19 of Act of 2002 PART 14 Miscellaneous 209. Immunity 210. No indemnification of Compensation Fund 211. Amendment of Courts Act 1971 212. Barrister in employment may provide legal services to his or her employer 213. Amendment of Courts and Court Officers Act 1995 214. Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 215. Restriction on withdrawal of legal practitioner from case where client in custody 216. Service of notices 217. Regulations on movement between professions of barrister and solicitor 218. Advertising of legal services PART 15 Clinical Negligence Actions 219. Clinical negligence actions 220. Other amendments of Civil Liability and Courts Act 2004 221. Amendments of Statute of Limitations (Amendment) Act 1991 SCHEDULE 1 Principles relating to Legal Costs SCHEDULE 2 Enactments Repealed Acts Referred to Arbitration Act 2010 (No. 1) Bankruptcy Act 1988 (No. 27) Civil Liability and Courts Act 2004 (No. 31) Civil Registration Act 2004 (No. 3) Companies Act 1990 (No. 33) Companies Act 2014 (No. 38) Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Court Officers Act 1926 (No. 27) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts Act 1971 (No. 36) Courts and Court Officers Act 1995 (No. 31) Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6) Criminal Justice (Search Warrants) Act 2012 (No. 33) Criminal Law Act 1997 (No. 14) Criminal Procedure Act 1967 (No. 12) Debtors (Ireland) Act 1840 (Vict., c. 105) Environment (Miscellaneous Provisions) Act 2011 (No. 20) Ethics in Public Office Act 1995 (No. 22) Ethics in Public Office Acts 1995 and 2001 European Parliament Elections Act 1997 (No. 2) Health and Social Care Professionals Act 2005 (No. 27) Land And Conveyancing Law Reform Act 2009 (No. 27) Legal Services Ombudsman Act 2009 (No. 8) Local Government Act 2001 (No. 37) Medical Practitioners Act 2007 (No. 25) Nurses and Midwives Act 2011 (No. 41) Offences Against the State Act 1939 (No. 13) Partnership Act 1890 (Vict., c. 39) Pharmacy Act 2007 (No. 20) Planning and Development Act 2000 (No. 30) Public Service Management (Recruitment and Appointments) Act 2004 (No. 33) Registration of Business Names Act 1963 (No. 30) Sale of Goods and Supply of Services Act 1980 (No. 16) Solicitors (Amendment) Act 1960 (No. 37) Solicitors (Amendment) Act 1994 (No. 27) Solicitors (Amendment) Act 2002 (No. 19) Solicitors (Ireland) Act 1849 (13 Vict., c. 53) Solicitors Act 1954 (No. 36) Solicitors Acts 1954 to 1994 Solicitors Acts 1954 to 2011 Statute of Limitations (Amendment) Act 1991 (No. 18) Taxes Consolidation Act 1997 (No. 39) Number 65 of 2015 LEGAL SERVICES REGULATION ACT 2015 An Act to provide for the regulation of the provision of legal services, to provide for the establishment of the legal services regulatory authority, to provide for the establishment of the legal practitioners disciplinary tribunal to make determinations as to misconduct by legal practitioners, to provide for new structures in which legal practitioners may provide services together or with others, to provide for the establishment of a roll of practising barristers, to provide for reform of the law relating to the charging of costs by legal practitioners and the system of the assessment of costs relating to the provision of legal services, to provide for the manner of appointment of persons to be Senior Counsel, to provide for matters relating to clinical negligence actions, and to provide for related matters. [30 th December, 2015] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, commencement and collective citation 1.

(1)This Act may be cited as the Legal Services Regulation Act 2015.

(2)This Act, other than section 100 , shall come into operation on such day or days as may be fixed by order or orders made by the Minister, either generally or by reference to any particular purpose or provision, and different days may be so fixed for different purposes or different provisions.

(3)Section 100 shall come into operation on such day, not later than 6 months after the laying before each House of the Oireachtas under subsection

(4)of section 118 of a report referred to in subsection

(2)of that section, as the Minister shall appoint by order.

(4)The Solicitors Acts 1954 to 2011 and Part 13 may be cited together as the Solicitors Acts 1954 to 2015. Interpretation and construction 2.

(1)In this Act— “Act of 1954” means the Solicitors Act 1954 ; “Act of 1960” means the Solicitors (Amendment) Act 1960 ; “Act of 1994” means the Solicitors (Amendment) Act 1994 ; “Act of 2002” means the Solicitors (Amendment) Act 2002 ; “Authority” means the Legal Services Regulatory Authority established by section 8 ; “Bar Council” means the General Council of the Bar of Ireland; “chief executive”, in relation to the Authority, has the meaning assigned to it by section 24 ; “code of practice” means a code of practice issued under section 22 , and includes part of such a code; “committee” in relation to the Authority, means a committee of the Authority established under section 16 ; “Compensation Fund” means the fund maintained by the Law Society under section 21 of the Solicitors (Amendment) Act 1960 ; “complainant” means a person who has made a complaint in accordance with Part 6 ; “complaint” means a complaint made under subsection

(1)or

(2)of section 51 ; “Complaints Committee” means the Committee established pursuant to section 69 and includes a division of that Committee (referred to as a Divisional Committee); “Disciplinary Tribunal” means the Legal Practitioners Disciplinary Tribunal established under section 74 ; “enactment” means a statute or an instrument under a power conferred by statute; “establishment day” means the day appointed under section 7 ; “inspector” means a person appointed under section 37 to be an inspector; “Law Society” means the Law Society of Ireland; “lay member” means a lay person who is a member of the Authority; “lay person” shall be construed in accordance with subsection

(3); “legal advice” means any oral or written advice— (

a)on the application of the law (whether the law of the State, another state or the European Union, international law, or a combination of these) to any particular circumstances that have arisen or may arise in relation to a person, and (
b)as to any actions that might appropriately be taken by or on behalf of a person (whether the person referred to in paragraph (
a)or another person) having regard to the application of the law to those circumstances, but does not include an opinion on the application of the law provided by a person to another person in the course of— (
i)lecturing in or teaching an area of the law, as part of a course of education or training, (
ii)writing or editing a book, report or article, or (iii) carrying out research in an area of the law, for the purpose of enhancing the other person’s knowledge of the area concerned; “legal costs accountant” means a person who has regularly participated in the preparation and presentation of bills of costs for taxation or, as the case may be, adjudication of legal costs and has regularly attended before a Taxing-Master on the taxation or, as the case may be, a Legal Costs Adjudicator on an adjudication, of such bills of costs; “legal partnership” means a partnership formed under the law of the State by written agreement, by two or more legal practitioners, at least one of whom is a practising barrister, for the purpose of providing legal services; “legal practitioner”, subject to subsection

(2), means a person who is a practising solicitor or a practising barrister and a reference to a solicitor includes a reference to a firm of solicitors; “legal services” means legal services provided by a person, whether as a solicitor or as a barrister; “limited liability partnership” has the same meaning as it has in Part 8 ; “local authority” has the meaning assigned to it by the Local Government Act 2001 ; “Minister” means the Minister for Justice and Equality; “multi-disciplinary practice” means a partnership formed under the law of the State by written agreement, by two or more individuals, at least one of whom is a legal practitioner, for the purpose of providing legal services and services other than legal services; “practising barrister” means a person who— (

a)is a qualified barrister, and (
b)provides, or holds himself or herself out as providing, legal services as a barrister— (
i)whether or not for a fee, (
ii)whether or not under a contract of service or a contract for services, and (iii) whether or not, in so doing, he or she describes himself or herself as a, or otherwise uses the title of, “barrister”, “barrister-at-law” or “counsel”; “practising solicitor” means a person who has been admitted as a solicitor, whose name is on the roll of solicitors, who provides legal services and who— (
a)is, by reason of section 56 of the Solicitors (Amendment) Act 1994 , required to hold a practising certificate, or (
b)is, by reason of that section, exempted from the requirement to hold a practising certificate; “prescribed” means prescribed by regulations under this Act; “professional body” means the Bar Council, the Law Society, the Honorable Society of King’s Inns or such other body of legal practitioners as the Authority may prescribe; “professional code” means any code of conduct, code of practice, rule, regulation, practice note, guideline or other code, including any part thereof, relating to the provision of legal services by its members— (
a)that has been adopted by or on behalf of a professional body, or (
b)to which members of a professional body, as a condition of their membership of that body, are otherwise subject; “professional indemnity insurance” means a policy of indemnity insurance to cover claims in respect of any description of civil liability incurred in the provision of legal services by— (
a)a legal practitioner, (
b)a legal partnership, multi-disciplinary practice or limited liability partnership, or (
c)a partner, employee or agent or former partner of a person referred to in paragraph (
a)or (b); “qualified barrister” means a person who— (
a)has been admitted by the Honorable Society of King’s Inns to the degree of Barrister-at-Law or has been called to the Bar of Ireland, other than where, subsequent to his or her being admitted to that degree or being so called— (
i)he or she has been admitted as a solicitor, (
ii)he or she, before the date on which Part 6 comes into operation, has been disbarred by the Benchers of the Honorable Society of King’s Inns, where that disbarment remains in effect, or (iii) his or her name has been struck off the roll of practising barristers or the roll of solicitors by the High Court, which order remains in effect, or (
b)is a registered lawyer, having the same right of audience as a practising barrister or a solicitor qualified to practise by virtue of Regulation 10 of the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ); “roll of practising barristers” means the roll of practising barristers maintained under section 133 ; “roll of solicitors” has the meaning assigned to it by section 9 (as amended by section 65 of the Solicitors (Amendment) Act 1994 ) of the Solicitors Act 1954; “Solicitors Accounts Regulations” means— (
a)the Solicitors Accounts Regulations 2001 to 2013, (
b)the Solicitors Accounts Regulations 2014 ( S.I. No. 516 of 2014 ), and (
c)any other regulations made by the Law Society under section 66 of the Act of 1954 or section 73 of the Act of 1994.

(2)In this Act a reference to a legal practitioner shall be construed as including references to a person who formerly practised as a solicitor or as a barrister.

(3)For the purposes of this Act, a person is a lay person on a particular date if, on that date, he or she— (

a)is not a practising solicitor or a practising barrister, and (
b)where he or she has previously been a practising solicitor or a practising barrister, he or she— (
i)has not been such in the period of 5 years immediately preceding that date, and (
ii)did not cease to be such as a result of a sanction imposed on him or her by a body that was authorised to require him or her to cease such practice.

(4)For the purposes of this Act— (

a)a person provides legal services as a solicitor where he or she acts as a solicitor, as that term is construed under the Solicitors Acts 1954 to 2011, and (
b)a person provides legal services as a barrister where he or she does one or more than one of the following: (
i)in relation to proceedings before a court, tribunal or forum for arbitration, whether in the State or in another jurisdiction, or the Personal Injuries Assessment Board— (I) represents another person before that court, tribunal, forum or Board in those proceedings, (II) prosecutes or defends such proceedings on behalf of another person, (III) advises another person in relation to the conduct of the proceedings, (IV) represents and advises another person for the purposes of arriving at or giving effect to any settlement in the proceedings, or (V) draws or drafts documents for another person in contemplation of, ancillary to or in connection with, those proceedings; (
ii)provides legal advice to another person; (iii) draws or drafts legal documents for another person that have the purpose of securing or transferring for a person a legal right or entitlement; (
iv)represents or acts for another person in a situation where legal rights or obligations of a person are being, or are likely to be, created or such rights or obligations are, or are likely to be, in dispute. Regulations and orders 3.

(1)A regulation or order made under this Act may contain such incidental, supplementary and consequential provisions as the Minister or the Authority considers necessary or expedient.

(2)Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which the House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses

The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Repeals
The enactments specified in Schedule 2 are repealed to the extent specified in the third column of that schedule. Review of Act 6.

(1)The Authority shall— (

a)not later than 18 months after the establishment day, and not later than the end of each subsequent 3 year period, commence a review of the operation of this Act, and (
b)not later than 12 months after the commencement of a review under paragraph (a), make a report to each House of the Oireachtas of its findings and conclusions, including such recommendations (if any) to the Minister resulting from that review as it considers appropriate.

(2)Recommendations under subsection

(1)(b) shall include such recommendations (if any) for amendments to this Act (including amendments to Part 7), the Solicitors Acts 1954 to 2015 or any instrument made under those Acts, as the Authority considers appropriate arising from its findings and conclusions.

(3)In conducting a review under this section, the Authority shall consult with the Competition and Consumer Protection Commission, professional bodies and such other persons as the Authority considers appropriate for such purpose. PART 2 Legal Services Regulatory Authority Establishment day 7. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Legal Services Regulatory Authority 8.

(1)On the establishment day there shall stand established a body to be known, in the English language, as the Legal Services Regulatory Authority or, in the Irish language, as An tÚdarás Rialála Seirbhísí Dlí, to perform the functions conferred on it by or under this Act.

(2)The Authority— (

a)is a body corporate with perpetual succession and a seal, and (
b)may sue, and be sued, in its corporate name.

(3)The Authority may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, acquire, hold and dispose of land or an interest in land, and may acquire, hold and dispose of any other property.

(4)The seal of the Authority shall be authenticated by— (

a)the signature of the chief executive or another member of the Authority authorised by the Authority to act in that behalf, and (
b)the signature of a member of the staff of the Authority authorised by the Authority to act in that behalf.

(5)Judicial notice shall be taken of the seal of the Authority and, accordingly, every instrument— (

a)purporting to be an instrument made by the Authority, and (
b)purporting to be sealed with the seal of the Authority authenticated in accordance with subsection

(4), shall be received in evidence and be deemed to be such instrument without further proof, until the contrary is proved.

(6)Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority to act in that behalf. Membership of Authority and terms of membership 9.

(1)The Authority shall consist of 11 members.

(2)(

a)The members of the Authority shall be appointed by the Government, a resolution approving such appointment having been passed by Dáil Éireann and by Seanad Éireann. (
b)The Government shall appoint one of the lay members of the Authority to be chairperson of the Authority (in this Part referred to as the “Chairperson”).

(3)In appointing a person to be a member of the Authority, the Government shall satisfy themselves that he or she has knowledge of, and expertise in relation to, one or more of the following: (

a)the provision of legal services; (
b)legal education and legal training; (
c)competition law and policy; (
d)the maintenance of standards in professions regulated by a statutory body; (
e)dealing with complaints against members of professions regulated by a statutory body; (
f)business and commercial matters; (
g)the needs of consumers of legal services.

(4)Of the persons appointed to be members of the Authority— (

a)a majority shall be lay persons of whom— (
i)1 shall be nominated for appointment by the Citizens Information Board, (
ii)1 shall be nominated for appointment by An tÚdarás um Ard-Oideachas, (iii) 1 shall be nominated for appointment by the Competition and Consumer Protection Commission, (
iv)1 shall be nominated for appointment by the Irish Human Rights and Equality Commission, (
v)1 shall be nominated for appointment by the Institute of Legal Costs Accountants, being the body of that name that is engaged in the representation and regulation of legal costs accountants in the State, (
vi)1 shall be nominated for appointment by the Consumers’ Association of Ireland, being the association of that name whose purpose is to promote and protect the interests of consumers, (
b)1 shall be nominated for appointment by the Bar Council, (
c)1 shall be a solicitor nominated for appointment by the Legal Aid Board, (
d)1 shall be nominated for appointment by the Honorable Society of King’s Inns, and (
e)2 shall be nominated for appointment by the Law Society.

(5)In nominating persons for appointment under this section, a nominating body referred to in subsection

(4)— (

a)shall— (
i)subject to subparagraph (ii), nominate a primary nominee of one sex and a substitute nominee of the other sex, and (
ii)in the case of the Law Society, where both members of the Authority to be nominated by it under subsection

(4)(

e)are nominated at the same time, nominate one man and one woman, and (
b)shall satisfy itself that its nominees meet the criteria specified in subsection

(3).

(6)In appointing members of the Authority, the Government shall— (

a)have regard to the objective of there being no fewer than 4 members who are women and no fewer than 4 members who are men, and (
b)appoint a substitute nominee referred to in subsection

(5)(a)(i) rather than a primary nominee of the nominating body concerned, but only where necessary in order to achieve that objective. Term of appointment of members of Authority 10.

(1)Subject to subsection

(2), a member of the Authority shall hold office for such period, not exceeding 4 years from the date of his or her appointment, as the Government shall determine.

(2)(

a)Of the members of the Authority that is first constituted under this Act, 5 (who shall not include the Chairperson), selected in accordance with paragraph (b), shall hold office for a period of 3 years from the date of their appointment as members. (
b)The members of the Authority referred to in paragraph (
a)shall consist of— (
i)one of the two members of the Authority nominated for appointment by the Law Society under section 9

(4), and (ii) 4 other members of the Authority, who shall be selected by the drawing of lots, conducted in such manner as the Chairperson of the Authority thinks proper, at the first meeting of the Authority referred to in section 14

(3). (

c)A member of the Authority may be selected in accordance with paragraph (
b)notwithstanding the fact that he or she is not present at the first meeting of the Authority. (
d)The quorum for the first meeting of the Authority, in so far as that meeting relates to selecting the members of the Authority referred to in paragraph (a), shall be 7 members of the Authority.

(3)Each member of the Authority— (

a)shall act on a part-time basis and on such other terms and conditions (other than the payment of remuneration and allowances for expenses) as the Government may determine, and (
b)shall be paid by the Authority such remuneration (if any) and allowances for expenses (if any) as the Minister with the consent of the Minister for Public Expenditure and Reform may from time to time determine.

(4)Subject to subsection

(5), a member of the Authority (including the Chairperson) whose term of office expires by the effluxion of time shall be eligible for reappointment as a member of the Authority.

(5)A person who is reappointed to the Authority in accordance with subsection

(4)shall not hold office for periods the aggregate of which exceeds 8 years.

(6)A member of the Authority may resign from office by notice in writing addressed to the Minister and the resignation shall take effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.

(7)The Chairperson may resign from office as Chairperson by notice in writing addressed to the Minister, but shall, unless otherwise stated in the notice, continue to hold office as a member of the Authority for the remainder of his or her term of office, and the resignation takes effect on the date the Minister receives the notice or, if a date is specified in the notice and the Minister agrees to that date, on that date.

(8)Subject to section 14

(2), the Authority may act notwithstanding one or more vacancies in its membership.

(9)Where a member of the Authority dies, becomes disqualified for office, resigns, is removed from office or otherwise ceases to be a member, the Government may appoint a person to be a member of the Authority to fill the resultant casual vacancy, and such person shall hold office for the remainder of the term of office of the member who occasioned the casual vacancy. Disqualification for office of member of Authority 11.

(1)A person shall be disqualified from and shall cease to hold office as a member of the Authority if— (

a)he or she is convicted on indictment of an offence, (
b)he or she is convicted of an offence involving fraud or dishonesty, (
c)in the case of a member who is a legal practitioner, his or her name is struck off the roll of solicitors or the roll of practising barristers, as the case may be, or, following the investigation of a complaint under Part 6 , he or she is the subject of— (
i)a determination under section 82

(1)and the member concerned has not brought an appeal in accordance with section 83

(2)(a), or (ii) a decision of the High Court under subsection

(2)(a) or

(3)of section 85 , or (

d)he or she— (
i)has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (
ii)is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provisions of that Act, or (
e)he or she has a declaration under section 150 of the Companies Act 1990 made against him or her or is subject or is deemed to be subject to a disqualification order by virtue of Part VII of that Act.

(2)A person who is appointed to the Authority as a lay member shall cease to hold office where he or she ceases to be a lay person. Removal of member of Authority 12.

(1)The Government may, subject to this section, remove a member of the Authority from office, but only— (a) where one or more of the grounds referred to in subsection

(2)apply, (b) subsections

(3)to

(6)have been complied with, and (c) no appeal against the decision of the Government under subsection

(6)has been made under subsection

(7)within the period specified in that subsection or, where such an appeal has been made, the High Court has affirmed the decision, and then, and only then, where a resolution is passed by both Houses of the Oireachtas calling for the member’s removal from office.

(2)The grounds referred to in subsection

(1)are that, in the opinion of the Government, the member— (

a)has become incapable through ill health of effectively performing the functions of the office, (
b)has committed stated misbehaviour, (
c)has a conflict of interest of such significance that he or she should cease to hold the office, or (
d)is otherwise unfit to hold the office or unable to discharge its functions.

(3)Where the Government proposes to remove a member pursuant to subsection

(1), they shall notify the following in writing of their proposal— (

a)the member concerned, and (
b)the body referred to in section 9

(4)that nominated that member for appointment as a member of the Authority.

(4)A notification under subsection

(3)shall include— (

a)a statement of the reasons for the proposal, (
b)a statement that the member concerned, and the body referred to in subsection

(3)(b), may, within 30 working days of the sending of the notification or such other period as the Government, having regard to the requirements of natural justice, may specify, make representations in the prescribed manner to the Government as to why the member should not be removed from office, and (c) a statement that, where no representations are received within the period specified under paragraph (b), the Government will, without further notice, proceed with the removal of the member from office in accordance with this section.

(5)In considering whether to remove a member from office, the Government shall take into account— (a) any representations made pursuant to subsection

(4)(b), and (b) any other matter that the Government consider relevant for the purpose of their decision.

(6)Where, having taken into account the matters referred to in subsection

(5), the Government decide to remove the member from office, they shall notify the member, and the body referred to in subsection

(3)(b), in writing of their decision and of the reasons for it.

(7)The member or, as the case may be, the body referred to in subsection

(3)(b), may, within 30 working days of the sending of the notification under that subsection, appeal to the High Court against the decision of the Government.

(8)On hearing an appeal under subsection

(7), the High Court may, as it thinks proper, either affirm or overturn the decision concerned. Functions of Authority 13.

(1)Subject to this Act, the Authority shall regulate the provision of legal services by legal practitioners and shall ensure the maintenance and improvement of standards in the provision of such services in the State.

(2)Without prejudice to the generality of subsection

(1), the Authority may, and where required by this Act, shall— (

a)keep under review, and make recommendations to the Minister in respect of, the following: (
i)the admission requirements of the Law Society relating to the solicitors’ profession and of the Bar Council and the Honorable Society of King’s Inns relating to the barristers’ profession; (
ii)the availability and quality of the education and training (including on-going training) for the solicitors’ and barristers’ professions, including— (I) the curriculum arrangements for the provision of clinical legal education and the teaching of legal ethics, negotiation skills, alternative dispute resolution and advocacy, and (II) the methods by which, and the persons by whom, such education and training is provided; (iii) the policies of the Law Society in relation to the admission of persons as solicitors in the State, and of the Bar Council and the Honorable Society of King’s Inns in relation to persons becoming entitled to practise as barristers in the State, including the arrangements for— (I) accreditation of foreign legal practitioners, and (II) movement by legal practitioners between the professions of solicitor and barrister; (
iv)professional codes; (
v)the organisation of the provision of legal services in the State, (
b)disseminate information in respect of the education and accreditation requirements and other matters referred to in paragraph (
a)to such extent and in such manner as it thinks fit, (
c)specify the nature and minimum levels of professional indemnity insurance in accordance with sections 46 and 47 , (
d)establish and administer a system of inspection of legal practitioners for such purposes as are provided for in this Act, (
e)receive and investigate complaints under Part 6 , (
f)maintain the roll of practising barristers in accordance with Part 9 , (
g)promote public awareness and disseminate information to the public in respect of legal services, including the cost of such services, (
h)keep the Minister informed of developments in respect of the provision of legal services by legal practitioners and make recommendations to assist the Minister in co-ordinating and developing policy in that regard, (
i)undertake, commission or assist in research projects and other activities in respect of the provision of legal services, which in the opinion of the Authority may promote an improvement in standards for the provision of those services and public awareness of them, and make recommendations to the Minister arising from those projects or activities, and (
j)perform any other functions conferred on it by this Act or by regulations made under it.

(3)Subject to this Act, the Authority shall be independent in the performance of its functions.

(4)The Authority shall, in performing its functions of the regulation of the provision of legal services under this Act, have regard to the objectives of— (

a)protecting and promoting the public interest, (
b)supporting the proper and effective administration of justice, (
c)protecting and promoting the interests of consumers relating to the provision of legal services, (
d)promoting competition in the provision of legal services in the State, (
e)encouraging an independent, strong and effective legal profession, and (
f)promoting and maintaining adherence to the professional principles specified in subsection

(5).

(5)The professional principles referred to in subsection

(4)(

f)are— (
a)that legal practitioners shall— (
i)act with independence and integrity, (
ii)act in the best interests of their clients, and (iii) maintain proper standards of work, (
b)that legal practitioners who exercise before any court a right of audience, or conduct litigation in relation to proceedings in any court by virtue of being legal practitioners, shall comply with such duties as are rightfully owed to the court, and (
c)that, subject to any professional obligation of a legal practitioner, including any obligation as an officer of the court, the affairs of clients shall be kept confidential.

(6)Subject to this Act, the Authority may do anything which it considers necessary or expedient to enable it to perform its functions, including liaising and co-operating with other statutory bodies and with other relevant professional and consumer bodies.

(7)Any function of the Authority may be performed through or by the chief executive or any member of its staff duly authorised in that behalf by the Authority.

(8)The chief executive or member of staff of the Authority who performs any of its functions is presumed in any proceedings to have been authorised by it to do so on its behalf, until the contrary is proved.

(9)The Authority may provide for the performance, under the general direction of the Authority, of one or more of its functions by a committee. Meetings and business 14.

(1)(

a)The Authority shall hold such and so many meetings as may be necessary for the due performance of its functions, but in each year shall hold not less than one meeting in each period of three months. (
b)In addition to a meeting with all participants physically present, the Authority may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time.

(2)The quorum for a meeting of the Authority shall be 5, of whom not fewer than 2 shall be lay members, and not fewer than 2 shall be members other than lay members.

(3)The Chairperson shall fix the date, time and place of the first meeting of the Authority.

(4)At a meeting of the Authority— (

a)the Chairperson shall, if present, be the chairperson of the meeting, and (
b)if and so long as the Chairperson is not present or if the office of Chairperson is vacant, the members of the Authority who are present shall choose one of their number who is a lay member to act as the chairperson of the meeting.

(5)Each member of the Authority (including the Chairperson) present at a meeting of the Authority shall have a vote.

(6)At a meeting of the Authority, a question on which a vote is required shall be determined by a majority of the votes of the members of the Authority present and voting on the question and, in the case of an equal division of votes, the Chairperson of the meeting shall have a second or casting vote.

(7)Subject to this Act, the Authority may determine its own procedures. Membership of either House of the Oireachtas, European Parliament, etc. 15.

(1)Where a member of the Authority, a member of a committee, the chief executive or a member of the staff of the Authority is— (

a)nominated as a member of Seanad Éireann, (
b)elected as a member of either House of the Oireachtas or to be a member of the European Parliament, (
c)regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, (
d)elected or co-opted as a member of a local authority, (
e)appointed to be a judge, or (
f)appointed to be the Attorney General, he or she shall thereupon— (
i)in the case of a member of the Authority, a member of a committee established under section 16 or the chief executive cease to be a member of the Authority or the committee, or the chief executive, as the case may be, and (
ii)in the case of a member of the staff of the Authority, stand seconded from employment by the Authority and shall not be paid by, or be entitled to receive from, the Authority any remuneration or allowances for expenses in respect of the period commencing on such nomination or election or appointment, or when he or she is regarded as having been so elected or on such election or co-option, as the case may be, and ending when he or she ceases to be a member of either such House, a member of such Parliament or a member of the local authority or ceases to be a judge or the Attorney General, as the case may be.

(2)Without prejudice to the generality of subsection

(1), that subsection shall be construed as prohibiting the reckoning of a period mentioned in subparagraph (ii) of that subsection as service with the Authority for the purposes of any superannuation benefits payable under section 27 .

(3)A person who is for the time being— (

a)entitled under the Standing Orders of either House of the Oireachtas to sit therein, (
b)a member of the European Parliament, or (
c)entitled under the standing orders of a local authority to sit as a member thereof, shall, while he or she is so entitled under paragraph (
a)or (
c)or is such a member under paragraph (b), be disqualified from holding and shall cease to hold office as a member of the Authority, a member of a committee, the chief executive or a member of the staff of the Authority. Committees of Authority 16.

(1)The Authority may establish committees to— (

a)assist and advise it in relation to the performance of all or any of its functions, and (
b)perform such functions of the Authority as may stand delegated to them under section 13 .

(2)In appointing members of a committee, the Authority shall— (

a)have regard to the range of qualifications and experience necessary for the proper and effective discharge of the functions of the committee, and (
b)have regard to the desirability of there being such balance between men and women on the committee as is appropriate.

(3)A committee shall consist of such number of members as the Authority may determine, provided that a majority of the members shall be lay persons.

(4)A committee may include persons who are not members of the Authority or its staff.

(5)There may be paid by the Authority, out of the resources at its disposal, to members of a committee such fees (if any) or allowances for expenses (if any) incurred by them as the Authority, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform may from time to time determine.

(6)A member of a committee may at any time be removed from office by the Authority for stated reasons.

(7)The acts of a committee shall be subject to confirmation by the Authority, unless the Authority otherwise determines.

(8)The Authority may determine the terms of reference and regulate the procedures of a committee but, subject to any such regulation, the committee may regulate its own procedures and business.

(9)The Authority may appoint a person to be chairperson of a committee.

(10)A committee shall provide the Authority with such information as the Authority may from time to time require, in respect of its activities and operations, for the purposes of the performance of the functions of the Authority.

(11)The Authority may at any time dissolve a committee.

(12)A committee may act notwithstanding one or more vacancies in its membership. Power to appoint consultants and advisers and to enter into contracts 17.

(1)The Authority may, with the approval of the Minister for Public Expenditure and Reform, from time to time and as it may consider necessary to assist it in the performance of its functions— (a) enter into contracts with persons or bodies, and (b) appoint consultants or advisers.

(2)There may be paid by the Authority, out of the resources at its disposal, to persons, bodies, consultants or advisers referred to in subsection

(1), such fees (if any) or allowances for expenses (if any) incurred by them as the Authority may determine.

(3)Any fees or allowances for expenses due to a consultant or advisor appointed under this section shall form part of the expenses of the Authority.

(4)The appointment of a person as a consultant or adviser shall be for such period and subject to such terms and conditions as the Authority considers appropriate. Legal privilege 18.

(1)Nothing in this Act shall compel a person, other than a person to whom subsection

(2)applies, to disclose any information or documentation that the person would be entitled to refuse to produce on the grounds of legal professional privilege.

(2)Notwithstanding the relationship between, or rights and privileges of, a legal practitioner and his or her client, a legal practitioner shall, if so requested by a person authorised in that behalf by the Authority, provide the person with any information (in such form as that person may specify) or documentation which is required by the Authority for the purpose of enabling the Authority to discharge its functions under this Act.

(2)Information or documentation provided by a legal practitioner in accordance with subsection

(2)may only be used for the purpose of enabling the Authority to discharge its functions under this Act in relation to legal practitioners. Non-disclosure of confidential information 19.

(1)Save as otherwise provided by law, and subject to subsection

(3), a person shall not, without the consent in writing of the Authority, disclose confidential information obtained by that person while performing, or as a result of having performed, functions as— (

a)a member of the Authority or a committee, (
b)the chief executive, (
c)a member of the staff of the Authority, (
d)a consultant or adviser or an employee of a consultant or adviser appointed by the Authority under section 17 , or (
e)an inspector appointed under section 37 .

(2)A person who contravenes subsection

(1)is guilty of an offence and liable on summary conviction to a class A fine.

(3)Nothing in subsection

(1)shall prevent the disclosure of information— (

a)to the Authority, (
b)which, in the opinion of a person referred to in that subsection, may relate to the commission of an indictable offence to— (
i)the Director of Corporate Enforcement, (
ii)the Competition Authority, (iii) a member of the Garda Síochána, (
iv)an officer of the Revenue Commissioners, (
v)the Central Bank of Ireland, or (
vi)such other person as may be prescribed after consultation by the Minister with any other Minister of the Government appearing to the Minister to be concerned.

(4)If information disclosed in accordance with this section is subject to legal professional privilege, that information may not be used by the persons to whom the information is disclosed as against the client in respect of whom the privilege is vested.

(5)Where any question arises as to whether information is or is not subject to legal professional privilege, or the use to which such information may be put, the client of the legal practitioner asserting such privilege may apply to the High Court for the determination of any matter relating to such information and the use to which such information may be put and the Court may make such orders as it considers appropriate in determining the matter before it.

(6)Nothing in subsection

(1)shall prevent the disclosure of information by a person in the circumstances referred to in section 35

(2)of the Ethics in Public Office Act 1995 .

(7)In this section, “confidential information” includes information that is expressed by the Authority or a committee to be confidential either as regards particular information or as regards information of a particular class or description. Strategic plans 20.

(1)The Authority shall, as soon as practicable after the establishment day and thereafter within 6 months before each third anniversary of the establishment day, prepare and submit to the Minister a strategic plan for the ensuing 3 year period.

(2)A strategic plan shall— (

a)set out the key objectives, outputs and related strategies of the Authority, including the use of its resources, and (
b)have regard to the need to ensure the most beneficial and efficient use of the Authority’s resources.

(3)The Minister shall cause a copy of a strategic plan prepared pursuant to this section to be laid before each House of the Oireachtas as soon as practicable after the plan has been received by him or her. Reports to Minister 21.

(1)The Authority shall, not later than 30 April in each year, make a report (in this section referred to as the “annual report”) to the Minister and to the Oireachtas Joint Committee on Justice, Defence and Equality, or any Oireachtas Joint Committee that may replace that Committee, on the performance of its functions during the preceding year.

(2)The annual report shall be in such form and shall include information in respect of such matters as the Authority considers appropriate.

(3)The Authority may make such other reports to the Minister relating to its functions as it considers appropriate.

(4)The Authority shall give to the Oireachtas Joint Committee on Justice, Defence and Equality, or any Oireachtas Joint Committee that may replace that committee such other information it may require in respect of— (

a)the performance by the Authority of its functions and its policies in respect of such performance, (
b)any specific document or account prepared by it, or (
c)the annual report or any report referred to in subsection

(3).

(5)For the purposes of subsection

(1), the period between the establishment day and the following 31 December shall be deemed to be a preceding year.

(6)The Minister shall, as soon as is practicable, cause copies of the annual report or, as the case may be, a report referred to in subsection

(3), to be laid before each House of the Oireachtas.

(7)The Authority shall publish its annual report in such form and manner as it considers appropriate as soon as is practicable after subsection

(4)has been complied with in respect of the report. Powers of Authority in relation to codes of practice 22.

(1)The Authority may, having regard to the objectives specified in section 13

(1)and

(4)and in accordance with this section, issue a code of practice where it considers it necessary to do so for the purpose of setting and improving standards for the provision of a legal service in the State.

(2)A code of practice issued under subsection

(1)may relate to the provision of legal services by— (

a)legal practitioners generally, or (
b)legal practitioners of such class or classes as may be specified in the code.

(3)Before exercising its power under subsection

(1), the Authority shall consult, in such manner as it considers appropriate, with— (

a)a professional body, the members of which will be subject to the proposed code of practice, and (
b)such other interested parties, including legal practitioners who are not members of a body referred to in paragraph (
a)who will be subject to the proposed code of practice, as the Authority considers appropriate.

(4)Where the Authority consults under subsection

(3), it shall, before issuing the code of practice concerned, consider representations (if any) made by the bodies or parties so consulted.

(5)Where a professional code conflicts with a code of practice, the code of practice shall, for the purposes of this Act, prevail.

(6)The High Court, on application to it by a legal practitioner who is affected by a code of practice, made within 28 days of the issuing by the Authority of that code, may, where it considers that the code of conduct is oppressive, unreasonable or unnecessary, revoke or vary the code.

(7)Where the Authority, under this section, issues, amends or revokes a code of practice, it shall without delay cause a notice to that effect to be published in Iris Oifigiúil, which notice shall— (

a)specify the code concerned, (
b)specify the legal service to which the code relates or the class of legal practitioner to which the code relates, and (
c)specify the date from which the code, or the amendment to or the revocation of the code, as the case may be, shall have effect.

(8)(a) The Authority shall make available for inspection free of charge to members of the public in an appropriate format a copy of every code of practice issued by it under subsection

(1). (

b)A copy of a code of practice made available under paragraph (
a)shall state the date on which the code has effect and, where applicable, the date on which the revocation of the code has effect. (
c)Where a code of practice referred to in paragraph (
a)has been amended in accordance with this section, a reference in that paragraph to a code of practice is to that code as amended. Powers of Authority in relation to professional codes 23.

(1)The Authority, having reviewed a professional code, may issue a notice under subsection

(2)to the relevant professional body where it is of the opinion that— (

a)the professional code operates or is likely to operate to hinder a legal practitioner in complying with his or her obligations under this Act, (
b)the professional code is frustrating or is likely to frustrate an objective specified in subsection

(1)or

(4)of section 13 , or (c) the amendment of the professional code is otherwise necessary in order to maintain or improve standards in the provision of a legal service.

(2)A notice under this subsection may direct the relevant professional body concerned to amend, in the manner specified in the notice, the professional code concerned.

(3)Where the Authority proposes to issue a notice under subsection

(2)it shall— (

a)notify the relevant professional body, and such other professional body it considers appropriate, of its proposal and the reasons for it, (
b)invite the professional bodies referred to in paragraph (
a)to make representations in writing to the Authority in relation to the proposal, and (
c)before deciding whether to issue the notice, consider any representations received under paragraph (b).

(4)Where a relevant professional body has not, within 28 days of the sending to it of a notice under subsection

(2), complied with that notice, the Authority may apply to the High Court for an order directing the professional body concerned to comply with the notice.

(5)The High Court, on application to it by the professional body concerned made within 28 days of the sending to that body of a notice under subsection

(2), may, where it considers that the notice is oppressive, unreasonable or unnecessary, revoke or vary the notice.

(6)A professional body shall— (

a)within one month of the establishment day, furnish to the Authority a copy of all professional codes in relation to which it is a relevant professional body, (
b)within 28 days of it becoming a relevant professional body in relation to a professional code, furnish to the Authority a copy of that professional code, and (
c)within 28 days of the amendment or revocation concerned— (
i)notify the Authority of the amendment of a relevant professional code and furnish it with a copy of the code as amended, and (
ii)notify the Authority of the revocation of a relevant professional code.

(7)(a) The Authority shall make available for inspection free of charge to members of the public in an appropriate format a copy of every professional code furnished to it under subsection

(6), other than a code which the Authority has been informed, under subsection

(6)(c)(ii), has been revoked. (

b)A copy of a professional code made available under paragraph (
a)shall state the date on which the code has effect and, where applicable, the date on which the revocation of the code has effect. (
c)Where the Authority has been informed under subsection

(6)(c)(

i)of the amendment of a professional code, a reference in paragraph (
a)to a professional code is a reference to that code as amended.

(8)This section is without prejudice to any other power of the Authority under this Act.

(9)In this section, “relevant professional body”, in relation to a professional code, means a professional body— (

a)that has adopted that code, (
b)on whose behalf the code has been adopted, or (
c)whose members are, as a condition of their membership of that body, otherwise subject to the code. Chief executive 24.

(1)There shall be a chief executive officer of the Authority who shall be appointed by the Authority and who shall be known, and is referred to in this Act, as the “chief executive”.

(2)The chief executive shall hold office under a written contract of service (which contract may, at the discretion of the Authority, be renewed) for such period as is specified in the contract, and subject to such terms and conditions (including terms and conditions relating to remuneration) as are determined by the Authority with the approval of the Minister for Public Expenditure and Reform.

(3)The chief executive shall— (

a)implement the policies and decisions of the Authority, (
b)manage and control generally the Authority’s staff, administration and business, (
c)be responsible to the Authority for the performance of his or her functions, and (
d)perform such other functions (if any) as may be required by the Authority or as may be authorised under this Act.

(4)The chief executive may be removed or suspended from office by the Authority for stated reasons.

(5)The chief executive shall not be a member of the Authority or a committee but may, in accordance with procedures established by the Authority or such a committee, as the case may be, attend meetings of the Authority or the committee, as the case may be, and shall be entitled to speak at and give advice at such meetings.

(6)The chief executive shall provide the Authority with such information, including financial information, in respect of the performance of the chief executive’s functions as the Authority may require.

(7)The chief executive shall not hold any other office or position in respect of which remuneration is payable, or carry on any business, trade or profession without the consent of the Authority.

(8)Such of the functions of the chief executive as the chief executive may specify may, with the consent of the Authority, be performed by such member or members of the staff of the Authority as the chief executive may authorise for that purpose, and that member or those members of staff shall be accountable to the chief executive for the performance of the functions so delegated.

(9)The chief executive shall be accountable to the Authority for the performance of functions delegated by him or her in accordance with subsection

(8).

(10)The chief executive may, with the consent of the Authority in writing, revoke a delegation made in accordance with this section.

(11)The functions referred to in subsection

(8)do not include a function delegated by the Authority to the chief executive subject to a condition that the function shall not be delegated by the chief executive to anyone else.

(12)If the chief executive— (

a)dies, resigns, becomes disqualified for or is removed from office, or (
b)is for any reason temporarily unable to continue to perform his or her functions, the Authority may designate such member or members of the staff of the Authority as it considers appropriate to perform the functions of the chief executive until— (
i)in the circumstances mentioned in paragraph (a), a new chief executive is appointed in accordance with this section, (
ii)in the circumstances mentioned in paragraph (b), the chief executive is able to resume the performance of his or her functions, or (iii) the Authority decides to revoke or alter a designation made under this subsection. Staff of Authority 25.

(1)The Authority may appoint persons to be the staff of the Authority and may determine their duties.

(2)The Authority, with the approval of the Minister for Public Expenditure and Reform, shall determine— (

a)the terms and conditions of employment (including terms and conditions relating to remuneration and allowances) of staff appointed under this section, and (
b)the grades of the staff of the Authority and the numbers of staff in each grade.

(3)The remuneration and allowances of the Authority’s staff are payable by the Authority to the staff out of funds at the Authority’s disposal.

(4)A member of staff of the Authority shall be a public servant. Transfer of staff of Law Society or Bar Council 26.

(1)Subject to this section, the Authority may, for the purposes of discharging its functions under Part 6 , give appropriately qualified staff of the Law Society or the Bar Council an option to transfer to the Authority.

(2)Where a member of staff referred to in subsection

(1)exercises an option under that subsection, the Authority shall request the Minister, with the consent of the Minister for Public Expenditure and Reform, to designate in writing such member to be transferred to the staff of the Authority from such date as may be specified in the designation (in this section referred to as “the effective date”).

(3)A member of staff of the Law Society or the Bar Council designated in accordance with subsection

(2)shall become and be a member of staff of the Authority from the effective date and shall become a member of the Single Public Service Pension Scheme from that date.

(4)Save in accordance with a collective agreement negotiated with any recognised trade union or staff association concerned, persons transferred by virtue of a designation under subsection

(2)shall not be brought to less favourable terms and conditions than the terms and conditions of service relating to basic remuneration to which the person was subject immediately before the effective date.

(5)Subject to subsection

(4), the Authority shall determine, in accordance with section 25

(2), the terms and conditions of service and the grade of a person transferred by virtue of a designation under subsection

(2). Superannuation 27.

(1)The Authority may, with the approval of the Minister for Public Expenditure and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of any person appointed chief executive or any person who, on becoming a member of staff of the Authority, does not become a member of the Single Public Service Pension Scheme.

(2)A scheme under this section shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3)The Authority may, with the approval of the Minister for Public Expenditure and Reform, make a scheme amending a scheme under this section including a scheme under this subsection.

(4)A scheme under this section shall, if approved by the Minister for Public Expenditure and Reform, be carried out by the Authority in accordance with its terms.

(5)A scheme under this section shall include a provision for appeals from a decision relating to a superannuation benefit under the scheme.

(6)If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable pursuant to a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Public Expenditure and Reform, whose decision shall be final.

(7)No superannuation benefits shall be granted by the Authority to or in respect of a person on ceasing to be the chief executive or a member of the staff of the Authority otherwise than— (

a)in accordance with a scheme or schemes under this section, or (
b)with the approval of the Minister for Public Expenditure and Reform.

(8)A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(9)Subsection

(8)shall, with all necessary modifications, apply to an amendment to a scheme under this section as it applies to a scheme under this section.

(10)In this section— “amending”, in relation to a scheme under this section, includes revoking the scheme; “superannuation benefit” means any pension, gratuity or other allowance payable to or in respect of a person ceasing to be the chief executive or a member of the staff of the Authority. Accounts and audit 28.

(1)The chief executive, with the agreement of the Authority, shall— (

a)submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be specified by the Minister, and (
b)provide to the Minister any information which the Minister may require regarding those estimates and also regarding the proposals and plans of the Authority in respect of a period specified by the Minister, and the Minister shall, as soon as practicable, cause copies of the information so submitted by the Authority to be laid before each House of the Oireachtas.

(2)The chief executive, under the direction of the Authority, shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys received and spent by the Authority, including an income and expenditure account and a balance sheet.

(3)(

a)The accounts of the Authority shall be approved by it as soon as is practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it to the Comptroller and Auditor General for audit. (
b)A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the members of the Authority and the Minister as soon as is practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas.

(4)(

a)The Authority, the chief executive and any relevant member of the staff shall, whenever so required by the Minister, permit any person appointed by the Minister to examine the accounts of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay to the Minister such fee for the examination as may be fixed by the Minister. (
b)In this subsection, “relevant member of the staff” means a member of the staff of the Authority to whom duties relating to those accounts have been duly assigned. Accountability of chief executive to Oireachtas Committee established to examine, etc., appropriation accounts etc. 29. The chief executive shall, whenever required in writing by a Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to that Committee on— (
a)the regularity and propriety of the transactions recorded or required to be recorded in any account kept under section 28

(2), (

b)the economy and efficiency of the Authority in the use of its resources, (
c)the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and (
d)any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11

(2)of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann. Accountability of chief executive to Oireachtas Committees 30.

(1)Subject to subsection

(2), the chief executive shall, at the request in writing of the Committee attend before it to give account for the general administration of the Authority as is required by the Committee.

(2)The chief executive shall not be required to give account before the Committee for any matter which is or has been or may at a future time be the subject of— (

a)proceedings before a court or tribunal in the State, or (
b)a decision or determination by the Authority in respect of a particular legal practitioner.

(3)Where the chief executive is of the opinion that a matter, the subject of a request under subsection

(1), is a matter to which subsection

(2)applies, he or she shall inform the Committee concerned of that opinion and the reasons for that opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing.

(4)Where the chief executive has informed the Committee of his or her opinion in accordance with subsection

(3)and the Committee does not withdraw the request referred to in subsection

(1)in so far as it relates to a matter the subject of that opinion— (a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to withdraw the request, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection

(2)applies, or (b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter.

(5)Pending the determination of an application under subsection

(4), the chief executive shall not attend before the Committee to give account for the matter the subject of the application.

(6)If the High Court determines that the matter concerned is one to which subsection

(2)applies, the Committee shall withdraw the request referred to in subsection

(1), but if the High Court determines that subsection

(2)does not apply, the chief executive shall attend before the Committee to give account for the matter.

(7)In this section “Committee” means the Committee established jointly by Dáil Éireann and Seanad Éireann known as the Committee on Justice, Defence and Equality, or any Committee established to replace that Committee. Power to charge and recover fees 31.

(1)Subject to subsection

(5), the Authority may prescribe by regulations the fees to be paid to it and when they fall due in respect of— (

a)the performance of functions, (
b)the provision of services, and (
c)the carrying on of activities, by the Authority under this Act.

(2)Without prejudice to the generality of subsection

(1), the Authority’s power under that subsection to prescribe fees includes the power to provide for exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

(3)Fees prescribed under Part 8 and paid to the Authority may be used by the Authority to meet the costs it incurs in carrying out its functions under that Part.

(4)The Authority may recover as a simple contract debt in any court of competent jurisdiction, from a person by whom the fee is payable, any amount due and owing to the Authority in respect of a fee charged under this section.

(5)Subsection

(1)shall not apply in respect of a function, service or activity referred to in that subsection where the cost to the authority of performing that function, providing that service or carrying out that activity is included in the approved expenses of the Authority referred to in section 95 . Advances by Minister to Authority 32. The Minister shall advance to the Authority out of moneys provided by the Oireachtas such amount or amounts as the Minister may, with the consent of the Minister for Public Expenditure and Reform, determine for the purposes of expenditure by the Authority in the performance of its functions. Annual report on admission policies of legal professions 33.

(1)Not later than 4 months after the end of each financial year, the Authority shall prepare and submit to the Minister a report— (

a)specifying the number of persons admitted to practise as solicitors during that year, (
b)specifying the number of persons admitted to practise as barristers during that year, and (
c)containing an assessment as to whether or not, having regard to the demand for the services of practising barristers and solicitors and the need to ensure an adequate standard of education and training for persons admitted to practise, the number of persons admitted to practise as barristers and solicitors in that year is consistent with the public interest in ensuring the availability of such services at a reasonable cost.

(2)The Authority shall consult— (

a)the Law Society, (
b)the Bar Council, (
c)the Honorable Society of King’s Inns, and (
d)such persons as the Authority considers appropriate, for the purpose of preparing the report referred to in subsection

(1).

(3)The Law Society, the Bar Council and the Honorable Society of King’s Inns shall provide the Authority with such information in their possession as is reasonably requested of them by the Authority for the purpose of preparing the report referred to in subsection

(1).

(4)As soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas.

(5)Following compliance with subsection

(4), the Authority shall arrange for the publication of the report in such form and manner as it considers appropriate and for it to be sent to the Law Society, the Bar Council and the Honorable Society of King’s Inns. Reports on specified matters to Minister 34.

(1)Without prejudice to the functions of the Authority referred to in section 13

(2)(

h)and (i), the Authority shall, following appropriate public consultation processes, prepare and furnish reports to the Minister in relation to the following: (
a)the education and training (including on-going training) arrangements in the State for legal practitioners, including the manner in which such education and training is provided; (
b)unification of the solicitors’ profession and the barristers’ profession; (
c)the creation of a new profession of conveyancer; (
d)such other matters as the Minister may, from time to time, request the Authority to report on to him or her.

(2)The fact that the Authority has provided a report under subsection

(1)in respect of a matter referred to in that subsection shall not, of itself, preclude the Minister from requiring another report in respect of that matter or the Authority from providing that report.

(3)A report in respect of a matter referred to in subsection

(1)(a)— (

a)shall be provided to the Minister within 2 years of the establishment day, (
b)shall contain a review of the existing arrangements relating to the education and training of legal practitioners and make such recommendations as it considers appropriate in relation to the arrangements that in the opinion of the Authority should be in place for the provision of the education and training referred to in that subsection, including the accreditation of bodies to provide such education and training, and the reforms or amendments, whether administrative or legislative, that are required to facilitate those arrangements, (
c)without prejudice to the generality of paragraph (b), shall include recommendations in relation to— (
i)appropriate standards of education and training for legal professional qualifications, (
ii)arrangements necessary to monitor adherence to the standards referred to in sub paragraph (i), (iii) the scope and content of the curriculum forming part of courses of legal professional education and training, including the teaching methodology of legal education, legal ethics, negotiation, alternative dispute resolution and advocacy, (
iv)arrangements that would facilitate the minimisation of duplication, and consequent expense incurred, in the taking of examinations in legal subjects on the part of a person— (I) who wishes to undertake a course of legal professional education and who has obtained a third level law degree that includes one or more of the subjects that form part of that course, (II) who, being a solicitor, wishes to become a barrister, or who, being a barrister, wishes to be admitted as a solicitor, (
v)standards required for the award of legal professional qualifications pursuant to courses of legal professional education and training, (
vi)the need for, and, if such need is identified, the manner of and requirements relating to the accreditation of bodies or institutions to— (I) provide, or procure the provision of, courses of legal professional education and training, (II) hold or procure the holding of examinations, and (III) award, or procure the awarding of, diplomas, certificates or other awards of merit, and (vii) any other matters that the Authority considers relevant and appropriate.

(4)A report in respect of the matter referred to in subsection

(1)(

b)— (
a)shall be provided to the Minister within 4 years of the establishment day, (
b)shall contain details of arrangements in operation in other jurisdictions in which the professions have been unified, (
c)shall contain recommendations as to— (
i)whether the solicitors’ profession and the barristers’ profession in the State should be unified having regard to, among other things— (I) the public interest, (II) the need for competition in the provision of legal services in the State, (III) the proper administration of justice, (IV) the interest of consumers of legal services including access by such consumers to experienced legal practitioners, and (V) any other matters that the Authority considers appropriate or necessary, (
ii)if the recommendation in sub paragraph (
i)is in favour of unification of the solicitors’ profession and the barristers’ profession— (I) how the professions can be unified, and (II) the reforms or amendments, whether administrative, legislative, or to existing professional codes, that are required to facilitate such unification, and (iii) any other matters that the Authority considers appropriate or necessary.

(5)A report in respect of the matters referred to in subsection

(1)(

c)and (
d)shall— (
a)be provided to the Minister within a period specified by the Minister in a written notice to the Authority requesting the report, (
b)contain such details and make recommendations as to such matters as may be specified by the Minister in the notice referred to in paragraph (a).

(6)(

a)The Authority shall, either at the request of the Minister or on its own initiative, prepare an interim report for the Minister in relation to any of the matters in respect of a report being prepared under this section. (
b)An interim report referred to in paragraph (
a)may refer generally to the progress of the public consultation process concerned or it may refer to— (
i)where the Minister has requested the interim report, to such matters as the Minister requests, or (
ii)where the interim report is prepared on the initiative of the Authority, to such matters as the Authority considers appropriate, and may contain recommendations in respect of such matters.

(7)The Minister shall cause copies of any report referred to in this section to be laid before each House of the Oireachtas within 30 days of having received it. Order to prohibit contravention of Act 35.

(1)Where, on the application of the Authority, it is shown to the satisfaction of the High Court— (

a)that a legal practitioner or any other person has contravened, is contravening or is likely to contravene any provision of this Act or regulations made under it, or (
b)that a legal practitioner who is a solicitor, or any other person has contravened, is contravening or is likely to contravene any provision of the Solicitors Acts 1954 to 2015 or regulations made under those Acts, the Court may by order prohibit the legal practitioner or other person concerned from contravening that provision, notwithstanding that any such contravention may constitute an offence.

(2)An order under subsection

(1)may contain such provisions of a consequential nature as the Court considers appropriate. Prosecution of offences 36. An offence under this Act may be prosecuted summarily by the Authority. PART 3 Inspections - Legal Practitioners Inspectors 37.

(1)For the purposes of this Act, the Authority may appoint such and so many— (

a)members of its staff as it thinks fit to be inspectors for such period and subject to such terms as the Authority may determine, (
b)other persons as it thinks fit to be inspectors for such period and subject to such terms (including terms as to remuneration and allowances for expenses) as the Authority, with the approval of the Minister and consent of the Minister for Public Expenditure and Reform, may determine.

(2)A person appointed to be an inspector under this section shall on his or her appointment be furnished with a warrant of appointment by the Authority and when exercising a power conferred by this Act shall, when requested by any person affected, produce such warrant or a copy thereof, together with a form of personal identification, to that person.

(3)The Authority may revoke any appointment made by it under subsection

(1).

(4)An appointment or revocation under this section shall be in writing.

(5)The appointment of a person as an inspector under subsection

(1)ceases— (

a)on the revocation of the appointment by the Authority, (
b)in a case where the appointment is for a specified period, on the expiration of that period, (
c)on the resignation of that person from the appointment, or (
d)where the person was appointed under subsection

(1)(a), where that person ceases to be a member of staff of the Authority. Inspection on direction of Authority 38. An inspector shall, upon the direction of the Authority, have power to carry out an inspection in accordance with section 39 — (

a)for the purpose of an investigation of any complaint made or deemed to be made under this Act, or (
b)to ensure compliance by a legal practitioner with— (
i)any requirements imposed by this Act on the practitioner, (
ii)any regulations made under this Act applicable to the practitioner, or (iii) any code of practice issued under section 22 , and (
c)for the purpose of the Authority exercising its power under section 51

(8). Powers of Inspectors 39.

(1)For the purposes set out in section 38 , an inspector may— (a) subject to subsections

(3)and

(5), enter and inspect any place— (

i)which he or she reasonably believes is being used to carry on the business of a legal practitioner, (
ii)at which he or she has reasonable grounds for believing records or documents relating to the business of a legal practitioner are being kept, (
b)at such place inspect and take copies of any books, records, accounts or other documents (including books, records, accounts or documents stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection, (
c)require— (
i)any legal practitioner who carries on the business of a legal practitioner in the place concerned, or (
ii)any person at the place concerned, including the owner or person in charge of that place, to produce to the inspector such books, records, accounts or other documents (and in the case of documents stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as that inspector may reasonably require for the purposes of his or her functions under this Act, (
d)subject to an order being obtained for such purpose from the High Court under section 40 , seize and retain any such books, records, accounts or other documents from such premises and take any other steps which appear to the inspector to be necessary for preserving or preventing interference with such books, records, accounts or other documents, (
e)where there is data equipment on the premises which the inspector reasonably believes is or has been used in connection with the business of the legal practitioner, require any person— (
i)who uses the data equipment or on whose behalf the data equipment is used, or (
ii)having charge of, or who is otherwise concerned with the operation of, such equipment, to afford the inspector all reasonable assistance in relation to the operation of such equipment and any associated apparatus or material, (
f)subject to an order being obtained for such purpose from the High Court under section 40 , to secure for later inspection such data equipment and any associated apparatus or material, (
g)subject to an order being obtained for such purpose from the High Court under section 40 , secure for later inspection the place or any part of the place, for such period as may reasonably be necessary for the purpose of exercising his or her powers under this section, (
h)require— (
i)any legal practitioner who carries on the business of a legal practitioner in the place concerned, or (
ii)any person at the place concerned, including the owner or person in charge of that place, to give the inspector such information and assistance as the inspector may reasonably require for the purposes of his or her functions under this Act, (
i)examine with regard to any matter under this Act any person whom the inspector has reasonable grounds for believing to be— (
i)a legal practitioner who carries on the business of a legal practitioner in the place concerned, or (
ii)employed by a person referred to in sub paragraph (i), and require the person to answer such questions as the inspector may ask relative to those matters and to make a declaration of the truth of the answers to those questions, and (
j)require a legal practitioner who carries on the business of a legal practitioner in the place concerned, or any person duly authorised by the legal practitioner in that behalf, to give such authority in writing addressed to such bank or banks as an inspector requires for the purpose of enabling the inspector to inspect any accounts held by that practitioner at such bank or banks and obtain copies of any documents relating to such accounts.

(2)Subject to subsection

(5), an inspector may use reasonable force, if necessary, to enter any place referred to in subsection

(1)(a), to exercise his or her powers under this section.

(3)An inspector may enter and inspect a place under subsection

(1)— (

a)at any time during normal business hours with or without prior notice to the practitioner where an inspector reasonably believes that the business of a legal practitioner is carried on at that place or records or documents relating to the business of a legal practitioner are being kept at that place, and (
b)at any other time on reasonable notice to the practitioner.

(4)When performing a function under this Act, an inspector may, subject to any warrant under subsection

(6), be accompanied by such number of other inspectors or members of the Garda Síochána as he or she considers appropriate.

(5)An inspector shall not enter a dwelling other than— (

a)with the consent of the occupier, or (
b)pursuant to a warrant under subsection

(6).

(6)Upon the sworn information of an inspector, a judge of the District Court may— (

a)for the purposes of enabling an inspector to carry out an inspection of a place that the inspector has reasonable grounds for believing is being used for the carrying on of the business of a legal practitioner, or (
b)if satisfied that there are reasonable grounds for believing that information, books, records, accounts or other documents (including information, books, records, accounts or other documents stored in non-legible form) required by an inspector under this section relating to the business of a legal practitioner is or are held in any place, issue a warrant authorising a named inspector accompanied by such other inspectors or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter the dwelling (if necessary by using reasonable force) and exercise the powers of an inspector under subsection

(1).

(7)In this Part, “place” shall be construed in accordance with section 29 (inserted by section 1 of the Criminal Justice (Search Warrants) Act 2012 ) of the Offences Against the State Act 1939 . High Court order to exercise certain powers under section 39 40. The High Court may, on application to it in that behalf by the inspector concerned, make an order authorising that inspector, accompanied by such other inspectors or members of the Garda Síochána as may be necessary, to exercise his or her powers under paragraphs (d), (f) or (g) of section 39

(1)where the Court is satisfied it is necessary for the purposes of section 38 . High Court direction to comply with inspection 41.

(1)Where a person, without reasonable cause, fails, refuses or neglects to comply with a requirement of an inspector in the exercise of his or her powers under any of paragraphs (c), (e), (h), (i) or (j) of section 39

(1), the Authority may, on notice to the person concerned, apply to the High Court for an order directing a person to comply with such requirement or requirements as the Authority considers necessary for the purposes of an inspection referred to in section 39 .

(2)Where the person referred to in subsection

(1)is not the legal practitioner in respect of whose business the inspection is concerned, the Authority shall, at the same time as notifying that person, notify that legal practitioner of the application.

(3)The High Court may make an order in the terms sought by the Authority under subsection

(1)or such other order as the Court considers necessary for the purpose of such inspection. Offences 42.

(1)A person commits an offence if he or she— (a) obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her by section 39 or a warrant under section 39

(6)or impedes the exercise by the person or member, as the case may be, of such power, (

b)removes from a place referred to in paragraph (
a)of section 39

(1), or deletes, destroys, defaces or conceals, all or any part of his or her books, records, accounts or other documents (including books, records, accounts or other documents stored in non-legible form) with intent to prevent, or interfere with, the exercise of a power of an inspector or member conferred on him or her by section 39 , or (c) fails or refuses to comply with a request or requirement of, or to answer a question asked by, the inspector or member pursuant to section 39 , or in purported compliance with such request or requirement or in answer to such question gives information to the inspector or member that he or she knows to be false or misleading in any material respect.

(2)Where an inspector believes, upon reasonable grounds, that a person has committed an offence under this Part, he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(3)A statement or admission made by a person pursuant to a requirement under paragraph (h) or (i) of section 39

(1)shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection

(1)).

(4)A person who commits an offence under this section is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both. Report to Authority in certain circumstances following inspection 43.

(1)An inspector shall, where an inspection relates to paragraph (

b)or (
c)of section 38 , prepare and furnish a report in writing to the Authority of the inspection within 21 days of completion of the inspection.

(2)A report prepared under subsection

(1)shall, where an inspection relates to paragraph (

b)of section 38 , include a statement by the inspector as to whether he or she has found evidence of failure to comply with any of the matters set out in subparagraphs (i), (
ii)or (iii) of that paragraph.

(3)A report prepared under subsection

(1)shall, where an inspection relates to paragraph (c) of section 38 , include a statement by the inspector as to whether he or she has found evidence of an act or omission that may constitute misconduct (within the meaning of section 42

(1)) on the part of a legal practitioner.

(4)The Authority shall refer the report of an inspector under this section to the officer of the Authority referred to in subsection

(4)of section 51 for his or her consideration in accordance with that subsection.

(5)An inspector may, if he or she considers it necessary to do so, make an interim report to the Authority in respect of any matter arising in the course of the inspection being carried out by him or her.

(6)The Authority shall refer an interim report of an inspector under this section to the officer of the Authority referred to in subsection

(4)of section 51 for his or her consideration in accordance with that subsection. Admissibility of evidence obtained in course of inspection 44. Any report or interim report prepared under section 43 and any information or documents obtained in the course of an inspection under this Part may be admitted in evidence in any— (

a)proceedings in respect of a legal practitioner under Part 6 , and (
b)investigation, inquiry or proceedings under the Solicitors Acts 1954 to 2015 in respect of a legal practitioner who is a solicitor. PART 4 Holding of Clients’ Moneys by Legal Practitioners Legal practitioners authorised to hold moneys of clients 45.

(1)Subject to subsection

(2), a legal practitioner shall not hold moneys of clients unless that legal practitioner is a solicitor.

(2)Notwithstanding subsection

(1)the Minister may by regulations prescribe a class or classes of solicitors who may not hold the moneys of clients, or who may hold such moneys subject to such conditions as may be provided for in such regulations.

(3)Subsection

(1)shall not be construed as permitting a solicitor to hold the moneys of clients where a condition or restriction is placed on a solicitor’s practising certificate pursuant to the Solicitors Acts 1954 to 2015 or this Act. PART 5 Matters relating to protection of Clients of Legal Practitioners Legal practitioners to have professional indemnity insurance 46.

(1)A legal practitioner shall not provide legal services unless there is in force, in respect of such practitioner, at the time of the provision of such services, a policy of professional indemnity insurance which complies with— (

a)where a legal practitioner is a practising barrister, regulations made under section 47 , or (
b)where a legal practitioner is a practising solicitor, regulations made under section 26 of the Act of 1994.

(2)A legal practitioner who provides legal services as a partner or employee of a legal partnership, a multi-disciplinary practice or a limited liability partnership shall be taken to comply with subsection

(1)where at the time of provision of such services by the legal practitioner there is in place a policy of professional indemnity insurance in respect of that partnership or practice concerned which— (

a)in the case of a partnership or practice which is comprised of practising barristers only, complies with regulations made under section 47 in respect of such partnership or practice, (
b)in the case of a partnership or practice which is comprised of practising solicitors only, complies with regulations made under section 26 of the Act of 1994 relating to practising solicitors in such partnerships or practices, or (
c)in the case of a partnership or practice which is comprised of both practising barristers and practising solicitors— (
i)complies with regulations made under section 26 of the Act of 1994 relating to practising solicitors in such partnerships or practices, and (
ii)complies with regulations made under section 47 in respect of practising barristers in such partnerships or practices.

(3)The Authority may approve a group scheme of professional indemnity insurance for legal practitioners who are practising barristers where the scheme is provided under the aegis of a professional body and it is satisfied that the scheme complies with regulations made under section 47 in respect of practising barristers.

(4)Where at the time of provision of legal services, a legal practitioner who is a practising barrister is covered by a scheme approved by the Authority under subsection

(3), he or she shall be taken to comply with subsection

(1).

(5)A legal practitioner shall not knowingly make a false or misleading declaration of a material nature for the purpose of obtaining professional indemnity insurance. Regulations regarding professional indemnity insurance 47.

(1)The Authority shall make regulations in relation to the professional indemnity insurance required to be maintained by— (

a)practising barristers, (
b)legal partnerships, multi-disciplinary practices and limited liability partnerships (in this section referred to as “legal practices”) other than in relation to practising solicitors in such partnerships or practices.

(2)The Authority shall consult with professional bodies before making regulations under this section.

(3)Regulations made under subsection

(1)shall specify the practising barristers or legal practice to whom or to which the regulations apply and may specify circumstances in which practising barristers may be exempted from any requirements in relation to professional indemnity insurance in regulations made under this section.

(4)In making regulations under subsection

(1)the Authority shall have due regard to the following objectives: (

a)ensuring that the interests of clients of practising barristers and legal practices are protected; (
b)encouraging the provision of legal services of a high standard by practising barristers and legal practices at a reasonable cost; (
c)ensuring that there is adequate consideration given, in setting professional indemnity insurance requirements, to any different levels of risk which may apply in respect of practising barristers or different legal practices; (
d)ensuring, in setting professional indemnity insurance requirements in relation to legal practices, that there is adequate cover in place in respect of each practising barrister and other person in the legal practice concerned in respect of whom such insurance is required to be in place.

(5)Without prejudice to the generality of subsection

(1), regulations made under that subsection may— (

a)specify the matters or risks in respect of which insurance is to be maintained by practising barristers or legal practices to whom the regulations apply, and the Authority may specify different matters or risks in respect of which insurance is to be maintained in respect of practising barristers or different legal practices or both, (
b)by reference to a monetary amount, specify minimum levels of insurance which are to be maintained by a practising barrister or legal practice to whom the regulations apply and such amount may be specified by reference to— (
i)a type or category of claim, or (
ii)practising barristers or different legal practices, (
c)by reference to a monetary amount, specify the maximum excess amount which shall apply in respect of the insurance maintained by a practising barrister or legal practice as the case may be, and such amount may be specified by reference to— (
i)a type or category of claim, or (
ii)practising barristers or different legal practices, as the case may be, and (
d)specify criteria to be met by persons offering such insurance as is required to be maintained and as respects the terms and conditions of such cover.

(6)Regulations made under subsection

(1)may provide that the insurance required to be in place shall be considered as meeting the requirement if— (

a)the insurance is provided by an insurer or mutual fund approved by the Authority, (
b)the terms of the policy or other documentation effecting the insurance meet criteria specified in the regulations, and (
c)the wording of terms and conditions of the policy or insurance documentation is in a specified form.

(7)Regulations made under subsection

(1)may include such incidental or supplementary provisions as appear to the Authority to be necessary. Limitation of legal practitioner’s liability by contract 48.

(1)Subject to subsections

(2)and

(3), a contract between a legal practitioner and a client of the legal practitioner that any description of civil liability incurred— (

a)by the legal practitioner arising from his or her practice as a legal practitioner in respect of the provision of legal services to the client be limited to an amount specified or referred to in the contract, or (
b)by a partner, employee, former partner or former employee of the legal practitioner arising from that legal practitioner’s practice as a legal practitioner in respect of the provision of legal services to the client be limited to an amount specified or referred to in the contract, shall be binding on and enforceable by— (
i)if paragraph (
a)is applicable, the legal practitioner and the client, and (
ii)if paragraph (
b)is applicable, the partner, employee, former partner or former employee of the legal practitioner and the client.

(2)Nothing in subsection

(1)shall affect the operation of— (

a)section 40 of the Sale of Goods and Supply of Services Act 1980 , or (
b)Regulation 6 of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 ( S.I. No. 27 of 1995 ).

(3)The amount referred to in subsection

(1)in respect of a description of civil liability the subject of the contract concerned shall be not less than the minimum level of cover, as specified from time to time in regulations made under section 47 or section 26 of the Act of 1994, as the case may be, for indemnity against losses arising from those classes of claims which come within that description of civil liability and which relate to the legal practitioner concerned and the class of legal service concerned, and accordingly any such amount which is less than such minimum level of cover shall, by virtue of this subsection, be deemed to be increased to such minimum level of cover, and such contract shall be binding and enforceable accordingly. PART 6 Complaints and Disciplinary Hearings in respect of Legal Practitioners Construction (Part 6) 49.

(1)In this Part— “barrister” means, in relation to a person who is the subject of a complaint under this Part— (

a)a practising barrister, or (
b)a person who, at the time of the act or omission to which the complaint relates, was a practising barrister; “solicitor” means, in relation to a person who is the subject of a complaint under this Part— (
a)a practising solicitor, or (
b)a person who, at the time of the act or omission to which the complaint relates, was a practising solicitor.

(2)For the purposes of this Part— (

a)the legal services provided to a person by a legal practitioner shall be considered as being of an inadequate standard where, by act or omission of the legal practitioner, the legal services actually provided by him or her— (
i)where the legal practitioner is a barrister, were inadequate in any material respect and were not of the quality that could reasonably be expected of him as a barrister, and (
ii)where the legal practitioner is a solicitor, were inadequate in any material respect and were not of the quality that could reasonably be expected of him or her as a solicitor, (
b)a reference to an amount of costs sought by a legal practitioner in respect of the provision of legal services means an amount of costs specified in a bill of costs issued by the legal practitioner concerned, and (
c)a reference to the resolution of a matter in an informal manner includes a reference to the referral of the dispute concerned to mediation or other appropriate form of dispute resolution. Misconduct by legal practitioners 50.

(1)For the purposes of this Act, an act or omission of a legal practitioner may be considered as constituting misconduct where the act or omission— (

a)involves fraud or dishonesty, (
b)is connected with the provision by the legal practitioner of legal services, which were, to a substantial degree, of an inadequate standard, (
c)where occurring otherwise than in connection with the provision of legal services, would justify a finding that the legal practitioner concerned is not a fit and proper person to engage in the provision of legal services, (
d)consists of an offence under this Act, (
e)in the case of a solicitor, consists of a breach of the Solicitors Acts 1954 to 2015 or any regulations made under those Acts, (
f)in the case of a solicitor, consists of an offence under the Solicitors Acts 1954 to 2015, (
g)in the case of a barrister, is likely to bring the barristers’ profession into disrepute, (
h)in the case of a solicitor, is likely to bring the solicitors’ profession into disrepute, (
i)in the case of a legal practitioner who is a managing legal practitioner of a multi-disciplinary practice, consists of a failure by him or her to comply with his or her obligations under this Act as a managing legal practitioner (within the meaning of Part 8), (
j)consists of the commission of an arrestable offence, (
k)consists of the commission of a crime or offence outside the State which, if committed within the State, would be an arrestable offence, (
l)consists of seeking an amount of costs in respect of the provision of legal services, that is grossly excessive, (
m)consists of a breach of this Act or regulations made under it, or (
n)consists of a contravention of section 215

(1).

(2)In determining whether an act or omission referred to in paragraph (l) of subsection

(1)should be considered as constituting misconduct, the Authority, the Complaints Committee, the Disciplinary Tribunal or, as the case may be, the High Court may have regard to— (

a)the amount by which or the extent to which the amount claimed in the bill of costs was found to be excessive, (
b)whether in the particular circumstances of the legal services performed the amount of the bill of costs appears to be unconscionable, and (
c)whether or not a Legal Costs Adjudicator has found the costs charged to be grossly excessive.

(3)In this section “arrestable offence” has the same meaning as it has in the Criminal Law Act 1997 . Complaints under Part 6 51.

(1)A client of a legal practitioner, or person acting on behalf of such a client, may make a complaint to the Authority in respect of a legal practitioner where the client considers that— (

a)the legal services provided to the client by the legal practitioner were or are of an inadequate standard, or (
b)an amount of costs sought by the legal practitioner in respect of legal services provided to the client by the legal practitioner was or is excessive.

(2)A person may make a complaint to the Authority in respect of a legal practitioner where the person considers that an act or omission of the legal practitioner constitutes misconduct.

(3)Subject to section 52 , on or after the coming into operation of this Part, a complaint may be made to the Authority only.

(4)An officer of the Authority, having considered an interim report or a report of an inspector under Part 3 , may make a complaint under subsection

(2)in respect of the legal practitioner concerned.

(5)Subject to subsection

(6), where the Law Society, in the performance by it of its functions under the Solicitors Acts 1954 to 2015, forms the opinion that an act or omission of a solicitor constitutes misconduct, it shall, in such manner as may be prescribed, notify the Authority of its opinion, and such notification shall be deemed to be a complaint made by the Law Society under subsection

(2).

(6)Subsection

(5)shall not apply where— (

a)the opinion of the Law Society is that the act or omission concerned constitutes a breach of the Solicitors Accounts Regulations, or (
b)the Law Society is investigating, or proposes to investigate, a suspected breach of the Solicitors Accounts Regulations and is of the opinion that the circumstances of the act or omission means that it should be investigated by it as part of the investigation of the suspected breach.

(7)The Authority, on receipt of a complaint that is made in respect of a solicitor (other than a complaint made by the Law Society), shall notify the Law Society of the complaint, which notification shall be accompanied by any documents relating to the complaint that are submitted by the complainant.

(8)Nothing in this section shall be construed as affecting the power of the Authority to investigate an act or omission of a legal practitioner where no complaint has been received by it in relation to that legal practitioner.

(9)This section and section 52 shall not operate to prevent the Authority or a person who is aggrieved by an act or omission of a legal practitioner seeking assistance from another person with a view to resolving the matter to which a complaint relates.

(10)A complaint shall be made in writing and in accordance with this Part and regulations under section 55 .

(11)This section is subject to section 58 . Referral of complaints by Bar Council, Honorable Society of King’s Inns, Law Society 52.

(1)The Bar Council or the Honorable Society of King’s Inns shall refer to the Authority a complaint that is made to the body concerned— (

a)by a client, or a person acting on behalf of such a client, of a barrister, and (
b)in respect of an act or omission of the barrister to which subsection

(1)or

(2)of section 51 applies, that occurred on or after the date on which this subsection comes into operation.

(2)The Law Society shall refer to the Authority a complaint that is made to it— (

a)by a client, or a person acting on behalf of such a client, of a solicitor, and (
b)in respect of an act o

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.