Legal Services Regulation Act 2015

Sommaire

1. Art. 1 Short title, commencement and collective citation
2. Art. 2 Interpretation and construction
3. Art. 3 Regulations and orders
4. Art. 4 Expenses
5. Art. 5 Repeals
6. Art. 6 Review of Act
7. Art. 7 Establishment day
8. Art. 8 Establishment of Legal Services Regulatory Authority
9. Art. 9 Membership of Authority and terms of membership
10. Art. 10 Term of appointment of members of Authority
11. Art. 11 Disqualification for office of member of Authority
12. Art. 12 Removal of member of Authority
13. Art. 13 Functions of Authority
14. Art. 14 Meetings and business
15. Art. 15 Membership of either House of the Oireachtas, European Parliament, etc.
16. Art. 16 Committees of Authority
17. Art. 17 Power to appoint consultants and advisers and to enter into contracts
18. Art. 18 Legal privilege
19. Art. 19 Non-disclosure of confidential information
20. Art. 20 Strategic plans
21. Art. 21 Reports to Minister
22. Art. 22 Powers of Authority in relation to codes of practice
23. Art. 23 Powers of Authority in relation to professional codes
24. Art. 24 Chief executive
25. Art. 25 Staff of Authority
26. Art. 26 Transfer of staff of Law Society or Bar Council
27. Art. 27 Superannuation
28. Art. 28 Accounts and audit
29. Art. 29 Accountability of chief executive to Oireachtas Committee established to examine, etc., appropriation accounts etc.
30. Art. 30 Accountability of chief executive to Oireachtas Committees
31. Art. 31 Power to charge and recover fees
32. Art. 32 Advances by Minister to Authority
33. Art. 33 Annual report on admission policies of legal professions
34. Art. 34 Reports on specified matters to Minister
35. Art. 35 Order to prohibit contravention of Act
36. Art. 36 Prosecution of offences
37. Art. 37 Inspectors
38. Art. 38 Inspection on direction of Authority
39. Art. 39 Powers of Inspectors
40. Art. 40 High Court order to exercise certain powers under section 39
41. Art. 41 High Court direction to comply with inspection
42. Art. 42 Offences
43. Art. 43 Report to Authority in certain circumstances following inspection
44. Art. 44 Admissibility of evidence obtained in course of inspection
45. Art. 45 Legal practitioners authorised to hold moneys of clients
46. Art. 46 Legal practitioners to have professional indemnity insurance
47. Art. 47 Regulations regarding professional indemnity insurance
48. Art. 48 Limitation of legal practitioner’s liability by contract
49. Art. 49 Construction (Part 6)
50. Art. 50 Misconduct by legal practitioners
51. Art. 51 Complaints under Part 6
52. Art. 52 Referral of complaints by Bar Council, Honorable Society of King’s Inns, Law Society
53. Art. 53 Limitation period
54. Art. 54 Withdrawal of complaint under Part
55. Art. 55 Regulations regarding complaints
56. Art. 56 Fees in respect of complaints
57. Art. 57 Preliminary review of complaints
58. Art. 58 Admissibility of complaints
59. Art. 59 Authority may request Law Society to investigate matter relevant to complaint
60. Art. 60 Authority to facilitate resolution of complaints made under this Part relating to inadequate services
61. Art. 61 Authority to facilitate resolution of complaints made under this Part relating to excessive costs
62. Art. 62 Review Committee
63. Art. 63 Appeal to High Court from determination of Review Committee
64. Art. 64 Authority to offer assistance in resolving matter in dispute where it appears that conduct could constitute misconduct
65. Art. 65 Resolution of complaint by mediation or informal means — additional provisions
66. Art. 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. Art. 67 Guidelines for resolution of complaints by mediation or informal means
68. Art. 68 Authority to refer complaints relating to misconduct to Complaints Committee
69. Art. 69 Establishment and membership of Complaints Committee
70. Art. 70 Investigation of complaints
71. Art. 71 Power of Divisional Committee to specify measures
72. Art. 72 Appeal of determination of Divisional Committee
73. Art. 73 Publication of reports by Authority relating to its functions under this Part
74. Art. 74 Establishment of Legal Practitioners Disciplinary Tribunal
75. Art. 75 Membership of Disciplinary Tribunal
76. Art. 76 Chairperson of Disciplinary Tribunal
77. Art. 77 Applications to Disciplinary Tribunal
78. Art. 78 Presentation of case to Disciplinary Tribunal
79. Art. 79 Regulations relating to Disciplinary Tribunal
80. Art. 80 Powers of Disciplinary Tribunal as to taking of evidence, etc.
81. Art. 81 Inquiry by Disciplinary Tribunal
82. Art. 82 Sanctions following finding of misconduct by Disciplinary Tribunal
83. Art. 83 Persons who may appeal determination of Disciplinary Tribunal and matters in respect of which appeal may be brought
84. Art. 84 Appeals to High Court from Disciplinary Tribunal
85. Art. 85 Consideration of matter by High Court where referred by Disciplinary Tribunal
86. Art. 86 Exercise of jurisdiction of High Court under sections 84 and 85
87. Art. 87 Appeals to Court of Appeal
88. Art. 88 Orders made by High Court or determinations made by Authority
89. Art. 89 Privilege (Part 6)
90. Art. 90 Enforcement of order of Disciplinary Tribunal under this Part
91. Art. 91 Transitional provisions in relation to solicitors
92. Art. 92 Transitional provisions in relation to barristers
93. Art. 93 Authority may appoint monitor for purposes of section 14C of Act of 1994
94. Art. 94 Power of Authority under Part 6
95. Art. 95 Levy to be paid by Law Society, Bar Council and certain barristers
96. Art. 95A Determination of levy
97. Art. 95C Provisions supplementary to section 95B
98. Art. 95D Levy Assessment Notice
99. Art. 96 Failure to pay amount specified in levy assessment notice
100. Art. 97 Exemption for legal practitioner in full time service of the State
101. Art. 98 Regulations relating to levy
102. Art. 99 Interpretation (Part 8)
103. Art. 100 Legal partnerships and professional codes
104. Art. 101 Professional code not to prevent direct professional access to barrister
105. Art. 102 Multi-disciplinary practices and professional codes
106. Art. 103 Complaints under Part 6 in respect of legal practitioners in limited partnerships, multi-disciplinary practices and limited liability partnerships
107. Art. 104 Notification of Authority of commencement, cessation of provision of legal services by a legal partnership
108. Art. 105 Legal partnership to have professional indemnity insurance
109. Art. 106 Notification of Authority of commencement, cessation of provision of legal services by multi-disciplinary practice
110. Art. 107 Partners in multi-disciplinary practice
111. Art. 108 Managing legal practitioner
112. Art. 109 Obligations of legal practitioners in multi-disciplinary practice
113. Art. 110 Operation of multi-disciplinary practice
114. Art. 111 Letter of engagement
115. Art. 112 Multi-disciplinary practice to have professional indemnity insurance
116. Art. 113 Saver for Compensation Fund under section 21 of Solicitors (Amendment) Act 1960
117. Art. 114 Power of Authority to specify measures
118. Art. 115 Application to High Court for order suspending or ceasing provision of legal services by multi-disciplinary practice
119. Art. 116 Regulations on operation of legal partnerships and multi-disciplinary practices
120. Art. 117 Authority to maintain register of legal partnerships and multi-disciplinary practices
121. Art. 118 Public consultation on operation etc., of legal partnerships
122. Art. 119 Report on operation etc., of multi-disciplinary practices
123. Art. 120 Public consultation on certain issues relating to barristers
124. Art. 121 Review of operation of this Part
125. Art. 122 Limited liability partnership and professional codes
126. Art. 123 Liability of partner in a limited liability partnership
127. Art. 124 Property of partnership
128. Art. 125 Application for limited liability partnership
129. Art. 126 Authority to maintain register of limited liability partnerships
130. Art. 127 Power of Authority to issue direction for failure to comply with statutory requirements
131. Art. 128 Application to High Court for order in respect of failure to comply with direction under section 127
132. Art. 129 Ceasing to operate as a limited liability partnership
133. Art. 130 Regulations on operation of limited liability partnerships
134. Art. 131 Disapplication of section 3 of Registration of Business Names Act 1963
135. Art. 132 Amendment of section 27 of Companies Act 2014
136. Art. 133 Roll of practising barristers
137. Art. 134 Entry of name on roll
138. Art. 135 Variation of entry on roll
139. Art. 135A Address for Correspondence
140. Art. 136 Prohibition on unqualified person providing legal services as practising barrister
141. Art. 137 Prohibition on pretending to be qualified barrister
142. Art. 138 Interpretation (Part 10)
143. Art. 139 Office
144. Art. 140 Register of determinations
145. Art. 141 County registrars
146. Art. 142 Guidelines on performance of functions of Chief Legal Costs Adjudicator under this Part
147. Art. 143 Review of scales of fees
148. Art. 144 Strategic plan
149. Art. 145 Business plan
150. Art. 146 Chief Legal Costs Adjudicator to submit annual report
151. Art. 147 Amendment of Court Officers Act 1926
152. Art. 148 Amendment of Courts (Supplemental Provisions) Act 1961
153. Art. 149 Prohibitions on charging costs in certain circumstances
154. Art. 150 Legal practitioner to provide notice of conduct of matter, costs, etc.
155. Art. 151 Agreement regarding legal costs, etc.
156. Art. 152 Legal practitioner to provide bill of costs
157. Art. 153 Legal practitioner to attempt to resolve dispute
158. Art. 154 Application for adjudication of legal costs
159. Art. 154A Adjudication of legal costs
160. Art. 154B Adjudication of financially assisted legal costs
161. Art. 155 Matters to be ascertained in course of adjudication of costs
162. Art. 156 Powers of Legal Costs Adjudicator
163. Art. 157 Determination of applications
164. Art. 158 Effect of determination
165. Art. 159 Reference to High Court
166. Art. 160 Consideration by Legal Costs Adjudicator of determination
167. Art. 161 Review of determination of Legal Costs Adjudicator
168. Art. 162 Privilege in respect of adjudications
169. Art. 163 Power to specify forms
170. Art. 164 Transitional — Taxing-Masters
171. Art. 165 Transitional — matters in course and legal proceedings
172. Art. 166 Information, documents, records, etc.
173. Art. 167 References
174. Art. 168 Power to award legal costs
175. Art. 169 Costs to follow event
176. Art. 170 Definitions (Part 12)
177. Art. 171 Power to grant, and to revoke grant of, Patent
178. Art. 172 Advisory Committee on the grant of Patents of Precedence
179. Art. 173 Criteria for grant of Patent
180. Art. 174 Application for recommendation
181. Art. 175 Revocation of grant of Patent
182. Art. 176 Solicitor granted Patent while barrister
183. Art. 177 Amendment of section 3 of Act of 1954
184. Art. 178 Amendment of section 5 of Act of 1954
185. Art. 179 Amendment of section 47 of Act of 1954
186. Art. 180 Amendment of section 48 of Act of 1954
187. Art. 181 Amendment of section 49 of Act of 1954
188. Art. 182 Amendment of section 66 of Act of 1954
189. Art. 183 Amendment of section 71 of Act of 1954
190. Art. 184 Amendment of section 3 of Act of 1960
191. Art. 185 Solicitor shall not have connection, accept instructions, from certain persons
192. Art. 186 Amendment of section 7 of Act of 1960
193. Art. 187 Amendment of section 9 of Act of 1960
194. Art. 188 Amendment of section 10 of Act of 1960
195. Art. 189 Amendment of section 14 of Act of 1960
196. Art. 190 Amendment of section 17 of Act of 1960
197. Art. 191 Amendment of section 24 of Act of 1960
198. Art. 192 Amendment of section 31 of Act of 1960
199. Art. 193 Amendment of section 2 of Act of 1994
200. Art. 194 Amendment of section 8 of Act of 1994
201. Art. 195 Amendment of section 9 of Act of 1994
202. Art. 196 Amendment of section 10 of Act of 1994
203. Art. 197 Amendment of section 14 of Act of 1994
204. Art. 198 Amendment of section 14A of Act of 1994
205. Art. 199 Monitor appointed by Authority may attend committee meetings
206. Art. 200 Amendment of section 22 of Act of 1994
207. Art. 201 Amendment of section 26 of Act of 1994
208. Art. 202 Amendment of section 35 of Act of 1994
209. Art. 203 Amendment of section 38 of Act of 1994
210. Art. 204 Amendment of section 58 of Act of 1994
211. Art. 205 Amendment of section 59 of Act of 1994
212. Art. 206 Amendment of section 1 of Act of 2002
213. Art. 207 Amendment of section 5 of Act of 2002
214. Art. 208 Amendment of section 19 of Act of 2002
215. Art. 209 Immunity
216. Art. 210 No indemnification of Compensation Fund
217. Art. 211 Amendment of Courts Act 1971
218. Art. 212 Barrister in employment may provide legal services to his or her employer
219. Art. 213 Amendment of Courts and Court Officers Act 1995
220. Art. 214 Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
221. Art. 215 Restriction on withdrawal of legal practitioner from case where client in custody
222. Art. 216 Service of notices
223. Art. 217 Regulations on movement between professions of barrister and solicitor
224. Art. 218 Advertising of legal services
225. Art. 219 Clinical negligence actions
226. Art. 220 Other amendments of Civil Liability and Courts Act 2004
227. Art. 221 Amendments of Statute of Limitations (Amendment) Act 1991