Legal Services Regulation Act 2015

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

(c) a partner, employee or agent or former partner o1f 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.

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;

(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.

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