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Legal Services Regulation Act 2015

Type Act

Publication 2015-12-30

Last updated 2026-07-27

State In force

Text Latest available text

Source Irish Statute Book

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articles 227

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

16 amending acts · 2026-07-27, revised-IE-2015-act-65@2026-07-27

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, and to provide for related matters

Reform history JSON API

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

1. Short title, commencement and collective citation

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

(2) This Act F1[…] 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) F1[…]

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

2. 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

“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,

(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

(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.

3. 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.

4. Expenses

4. 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.

5. Repeals

5. The enactments specified in Schedule 2 are repealed to the extent specified in the third column of that schedule.

6. 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

7. Establishment day

7. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

8. 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.

9. 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;

(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,

(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.

10. 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.

11. 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,

(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.

12. 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,

(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.

13. 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,

(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,

(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.

14. 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.

15. 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

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.

16. 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.

17. 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.

18. 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.

19. 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,

(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.

20. 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.

21. 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

(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.

22. 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.

23. 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

(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

(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

24. 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,

(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.

25. 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.

26. 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).

27. 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.

28. 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.

29. 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.

30. 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.

31. 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

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.

32. 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.

33. 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

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