Legal Services Regulation Act 2015

67. Guidelines for resolution of complaints by mediation or informal means

67. The Authority shall prepare and publish guidelines in relation to the resolution of complaints by informal means and those guidelines may—

• (a) set out the process whereby a determination can be made in respect of whether a complaint can be resolved by informal means,

• (b) provide for the recording of the manner in which a complaint was resolved and of the terms of any agreement between the complainant and the legal practitioner the subject of the complaint,

• (c) outline the steps to be taken (including notice to the Authority, the complainant, the legal practitioner concerned and, where applicable, the Complaints Committee) if the complaint cannot, in the opinion of the person attempting to do so, be resolved by informal means, and

• (d) contain any other matters that the Authority considers necessary or appropriate for facilitating the resolution of the complaint by informal means.

68. Authority to refer complaints relating to misconduct to Complaints Committee

68. The Authority shall refer a complaint under section 51(2) to the Complaints Committee where the client and legal practitioner concerned do not succeed in resolving a matter in accordance with section 64.

69. Establishment and membership of Complaints Committee

69. (1) The Authority shall establish a committee, to be known as the Complaints Committee, for the purpose of considering and investigating complaints referred to it by the Authority under section 68.

• (2) A member of the Complaints Committee shall—

• (a) hold office for a period of 4 years from the date of his or her appointment, and

• (b) be eligible for reappointment as a member of the Complaints Committee, provided that he or she does not hold office for periods the aggregate of which exceeds 8 years.

• (3) The Complaints Committee shall be appointed by the Authority and shall consist of not more than 27 members of whom—

• (a) the majority shall be lay persons,

• (b) not fewer than 8 shall be persons nominated by the Law Society, each of whom has practised as a solicitor for more than 10 years, and

• (c) not fewer than 4 shall be persons nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years.

• (4) In appointing lay persons to be members of the Complaints Committee the Authority shall ensure that those members are persons who—

• (a) are independent of the professional bodies, and

• (b) have expertise in or knowledge of—

• (i) the provision of legal services,

• (ii) the maintenance of standards in a profession (including those regulated by a statutory body),

• (iii) the investigation and consideration of complaints relating to services, or

• (iv) the interests of consumers of legal services.

• (5) The Complaints Committee shall act in divisions of not less than 3 members and not more than 5 members (in this Act referred to as a “Divisional Committee”).

• (6) A Divisional Committee shall consist of an uneven number of members.

• (7) Each Divisional Committee shall have a majority of lay members.

• (8) The chairperson of each Divisional Committee shall be one of the lay members of that Divisional Committee.

• (9) The chief executive shall make arrangements for the provision of such administrative and secretarial support to each Divisional Committee as he or she considers necessary.

• (10) Subject to subsections (6) and (7), where a complaint relates to a solicitor—

• (a) in a case where the Divisional Committee consists of 3 members, one of the members of the Divisional Committee shall be a solicitor,

• (b) in a case where the Divisional Committee consists of 5 members, 2 of the members of the Divisional Committee shall be solicitors.

• (11) Subject to subsections (6) and (7), where a complaint relates to a barrister—

• (a) in a case where the Divisional Committee consists of 3 members, one of the members of the Divisional Committee shall be a barrister,

• (b) in a case where the Divisional Committee consists of 5 members, 2 of the members of the Divisional Committee shall be barristers.

70. Investigation of complaints

70. (1) A Divisional Committee shall consider and investigate complaints made under this Part referred to the Complaints Committee by the Authority.

• (2) Where the Authority refers a complaint to the Complaints Committee, the Authority shall furnish to the Divisional Committee concerned—

• (a) a copy of the complaint and any documents relating to the complaint that have been submitted by the complainant, and

• (b) a summary of the complaint.

• (3) On receipt of the documents referred to in subsection (2), the Divisional Committee shall—

• (a) request the legal practitioner to whom the complaint relates to furnish to the Divisional Committee, within such reasonable period as is specified by the Divisional Committee, his or her response to the complaint, and

• (b) unless the legal practitioner has already been furnished with the documents concerned, furnish a copy of the documents referred to in subsection (2) to him or her.

• (4) Where, in the opinion of the Divisional Committee, the response of the legal practitioner under subsection (3) indicates that he or she is not in agreement to the issuing of a direction under section 71(1)(a) or the taking of a measure under section 71(1)(b), the Divisional Committee shall furnish a copy of the response to the complainant inviting him or her to furnish observations to the Divisional Committee in relation to the response of the legal practitioner within such a period as may be specified by the Divisional Committee.

• (5) Where—

• (a) the response of the legal practitioner under subsection (3) does not satisfy the Divisional Committee that it should not issue a direction under section 71(1)(a) or take a measure under section 71(1)(b), or

• (b) the legal practitioner does not furnish a response within the period specified in the notice,

the Divisional Committee shall, subject to the provisions of this Part, take such steps as it considers appropriate to investigate the complaint.

• (6) For the purposes of investigating a complaint in accordance with subsection (1), the Divisional Committee—

• (a) shall have due regard to information furnished to it by the Authority, the complainant and the legal practitioner,

• (b) may, by notice in writing to the complainant, do one or more of the following:

• (i) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint;

• (ii) request the complainant to supply to the Committee, within a reasonable period specified in the notice—

• (I) such information relating to the complaint as is specified in the notice, or

• (II) such documents relating to the complaint as it may require;

• (iii) require that information requested under subparagraph (ii) be verified by affidavit or otherwise;

and

• (c) may, by notice in writing to the legal practitioner the subject of the complaint require him or her to do one or more of the following:

• (i) verify, by affidavit or otherwise, anything contained in his or her response under subsection (3);

• (ii) supply the Committee, within a reasonable period specified in the notice, with—

• (I) such information relating to the complaint as is specified in the notice, or

• (II) such documents relating to the complaint as it may require;

• (iii) require that information requested under subparagraph (ii) be verified by affidavit or otherwise.

• (7) The complainant concerned shall comply with a notice issued to him or her by the Divisional Committee under subsection (6)(b).

• (8) The legal practitioner concerned shall comply with a notice issued to him or her by the Divisional Committee under subsection (6)(c).

• (9) The Divisional Committee may, having had due regard to—

• (a) information furnished to it by the Authority,

• (b) any information or documents provided to it by the complainant or the legal practitioner concerned under this section,

• (c) any response furnished to the Divisional Committee by the legal practitioner concerned pursuant to this section, and

• (d) any observations furnished by the complainant under subsection (4),

require the complainant and the legal practitioner to appear before the Committee for the purposes of the investigation of the complaint.

• (10) The complainant and the legal practitioner may be represented by a person of their choice for the purposes of their appearance before the Divisional Committee and the costs of such representation, if any, shall be borne by the person who requested such representation.

• (11) Where a complaint is withdrawn when it is being investigated by the Divisional Committee, the Committee may—

• (a) decide that no further action be taken in relation to the matter the subject of the complaint, or

• (b) proceed as if the complaint had not been withdrawn and, where it does so, shall notify the Authority, the complainant and the legal practitioner concerned of the fact.

• (12) Where the Divisional Committee determines that the act or omission does not warrant the issuing of a direction under section 71(1)(a) or the taking of a measure under section 71(1)(b), it shall so advise the complainant and the legal practitioner in writing, giving reasons for the determination.

• (13) The Divisional Committee shall make reasonable efforts to ensure that—

• (a) the complainant is kept informed of all decisions made by the Committee in relation to the complaint concerned,

• (b) the Committee acts expeditiously, and

• (c) complaints referred to it are processed in a timely manner.

71. Power of Divisional Committee to specify measures

71. (1) Where the Divisional Committee, following an investigation under section 70, considers that the act or omission the subject of the complaint is not one to which subsection (7) applies, but determines that it warrants the imposition of a sanction under this section, it may—

• (a) subject to subsection (9), issue a direction to the legal practitioner concerned to take such measures as are specified in the determination of the Divisional Committee, being measures specified in paragraphs (a) to (i) of subsection (5), or

• (b) where the legal practitioner concerned so consents in writing, take the measure specified in the determination of the Divisional Committee, being a measure specified in subsection (6).

• (2) Where the Divisional Committee issues one or more than one direction in accordance with subsection (1)(a) and the legal practitioner complies with each such direction, the complaint shall be considered as determined.

• (3) Where the Divisional Committee (with the consent of the legal practitioner concerned) takes a measure specified in subsection (1)(b), the complaint shall be considered as determined.

• (4) The Divisional Committee shall not impose a sanction under subsection (1) unless the Committee considers it to be a reasonable and appropriate manner of determining the complaint.

• (5) The measures referred to in subsection (1)(a) are the following:

• (a) a direction to the legal practitioner to perform or complete the legal service the subject of the complaint or a direction to the legal practitioner to arrange for the performance or completion of the legal service the subject of the complaint by a legal practitioner nominated by the complainant at the expense of the legal practitioner the subject of the complaint;

• (b) a direction to the legal practitioner that he or she participate in one or more modules of a professional competence scheme and that he or she furnish evidence to the Authority of such participation within a specified period;

• (c) a direction to the legal practitioner—

• (i) that he or she waive all or a part of any fees otherwise payable by the complainant to the legal practitioner concerned, or

• (ii) that he or she refund to the client some or all of any fees paid to the legal practitioner concerned in respect of the legal services the subject of the complaint;

• (d) a direction that the legal practitioner take such other action in the interest of the client as the Committee may specify;

• (e) a direction to the legal practitioner to comply with (in whole or in part) an undertaking given by the legal practitioner to another legal practitioner or to another person or body;

• (f) a direction to the legal practitioner to withdraw or amend an advertisement;

• (g) a direction to the legal practitioner to pay a sum not exceeding €5,000 as compensation for any financial or other loss suffered by the client in consequence of any inadequacy in the legal services provided or purported to have been provided by the legal practitioner, provided that any such payment made in compliance with the direction shall be without prejudice to any legal right of the client;

• (h) a direction to the legal practitioner to pay to the Authority a sum not exceeding €5,000 by way of contribution towards the costs incurred by the Authority in investigating the complaint;

• (i) where the Divisional Committee has determined that the legal practitioner has in the course of the investigation refused, neglected or otherwise failed, without reasonable cause, to respond appropriately in a timely manner, or at all, to a written request from the Divisional Committee and that the Authority has incurred additional costs in relation to the investigation of the complaint in consequence of that refusal, neglect or failure, a direction to the legal practitioner to pay to the Authority a sum not exceeding €2,500 by way of contribution towards those additional costs incurred by the Authority in investigating the complaint.

• (6) The measure referred to in subsection (1)(b) is the issue of a notice—

• (a) in the case of a legal practitioner who is a solicitor, to the Law Society informing the Law Society of the decision of the Divisional Committee to impose a sanction under subsection (1)(b) and directing the Law Society to impose a specified restriction or condition on the practising certificate of the legal practitioner concerned, or

• (b) in the case of a legal practitioner who is a barrister, to the chief executive of the Authority of the decision of the Divisional Committee to impose a sanction under subsection (1)(b) and directing the chief executive to impose, in accordance with Part 9, a specified restriction or condition on the legal practitioner concerned in respect of his or her practice as a barrister.

• (7)
• (a) Subject to subsection (8), where the Divisional Committee considers that the act or omission the subject of the complaint is of a kind that is more appropriate for consideration by the Legal Practitioners Disciplinary Tribunal than under this section, it may make an application in respect of the matter to it for the holding of an inquiry under section 81.

• (b) In determining whether it would be more appropriate for the complaint to be considered by the Legal Practitioners Disciplinary Tribunal, the Complaints Committee shall have regard to the gravity of the concerns raised and matters disclosed in the complaint and in the investigation under this section.

• (8)
• (a) Where the Divisional Committee considers that a measure specified in subsection (6) is the appropriate measure to be taken as respects the complaint, it shall notify the legal practitioner concerned to that effect and specify the precise measure (including in the case of a restriction or condition to be imposed on the practising certificate of the legal practitioner or on the legal practitioner in respect of his or her practice as a barrister, the precise restriction or condition) it proposes to take.

• (b) The notification referred to in paragraph (a) shall indicate that, unless the legal practitioner concerned furnishes to the Divisional Committee his or her consent in writing to the imposition of the specified measures within 21 days of the issue of the notification, the Divisional Committee will apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry into the complaint by the Tribunal under this Part.

• (c) Where the Divisional Committee issues a notification pursuant to paragraph (b) and does not receive the written consent of the legal practitioner concerned within 21 days to the imposition of the specified measures, it shall apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry by it into the complaint in so far as the Committee has not found that the complaint is unfounded or that the act or omission concerned does not warrant the imposition of a sanction under this section or an application under subsection (7) to the Disciplinary Tribunal.

• (9) In issuing a direction specified in paragraph (c)(ii), (g), (h) or (i) of subsection (5), the Divisional Committee shall have regard to the means of the legal practitioner concerned.

• (10) The Divisional Committee shall notify the Authority of its determination under subsection (1).

72. Appeal of determination of Divisional Committee

72. (1) Where the Divisional Committee issues a direction under section 71(1)(a) to a legal practitioner, the legal practitioner may, within a period of 21 days of the date of such issue, appeal to the High Court against either or both of the following:

• (a) the determination of the Divisional Committee under section 71(1); or

• (b) the direction.

• (2) The Authority may, within a period of 21 days of the notification under section 71(10) of the determination of the Divisional Committee under section 71(1), appeal to the High Court against one or more than one of the following:

• (a) where a direction is issued under section 71(1)(a)—

• (i) the determination of the Divisional Committee under section 71(1), or

• (ii) the direction;

• (b) a failure of the Divisional Committee to make an application under section 71(7).

• (3) The High Court, on an application under subsection (1) or (2), may—

• (a) in an appeal to which subsection (1)(a) or (2)(a)(i) applies—

• (i) confirm the determination of the Divisional Committee under section 71(1), or

• (ii) set aside the determination of the Divisional Committee under section 71(1),

and

• (b) in an appeal to which subsection (1)(b) or (2)(a)(ii) applies, may—

• (i) confirm the direction concerned,

• (ii) set aside the direction, or

• (iii) set aside the direction and impose another sanction that the Divisional Committee could have imposed under section 71(1),

and

• (c) in an appeal to which subsection (2)(b) applies, affirm or set aside the decision of the Divisional Committee not to make an application under section 71(7).

73. Publication of reports by Authority relating to its functions under this Part

73. (1) The Authority shall publish, in such manner as the Authority considers appropriate, a report on the performance of its functions under this Part.

• (2) A report referred to in subsection (1) shall include information in respect of the relevant reporting period of—

• (a) the number and type of complaints received by the Authority under this Part during the relevant reporting period,

• (b) the general nature and outcome of those complaints,

• (c) the number of complaints referred to the Complaints Committee in the relevant reporting period, and

• (d) the outcome of those complaints which were considered by the Complaints Committee during the relevant reporting period including—

• (i) the sanction imposed by the Complaints Committee,

• (ii) where a sanction was imposed, the nature of the act or omission that was the subject of the complaint,

• (iii) the measures taken by the Complaints Committee, and

• (iv) where the Complaints Committee made a determination under section 71(1), and where the Authority considers it appropriate, the name of the legal practitioner concerned.

• (3) A report published under subsection (1) shall be published by the Authority at intervals no greater than 6 months.

74. Establishment of Legal Practitioners Disciplinary Tribunal

74. There shall stand established a body to be known as the Legal Practitioners Disciplinary Tribunal to consider applications brought before it under section 77 and to perform the other functions assigned to it by this Act.

75. Membership of Disciplinary Tribunal

75. (1) The Disciplinary Tribunal shall be appointed by the President of the High Court on the nomination of the Minister and shall consist of not more than 33 members of whom—

• (a) the majority shall be lay persons,

• (b) not fewer than 6 shall be persons, nominated by the Law Society, each of whom has practised in the State as a solicitor for more than 10 years,

• (c) not fewer than 6 shall be persons, nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years, and

• (d) at least 40 per cent, calculated to the nearest whole number, shall be men and at least 40 per cent, as so calculated, shall be women.

• (2) One of the persons appointed under subsection (1) shall be appointed as chairperson of the Disciplinary Tribunal.

• (3) The Minister shall ensure that those lay persons nominated to be members of the Disciplinary Tribunal are persons who are independent of the Government and the professional bodies and have knowledge of and expertise in one or more than one of the following:

• (a) the provision of legal services;

• (b) the maintenance of standards in a profession (including those regulated by a statutory body);

• (c) the investigation and consideration of complaints relating to services;

• (d) commercial matters;

• (e) the interests of consumers of legal services.

• (4) The Disciplinary Tribunal shall act in divisions consisting of—

• (a) an uneven number of members,

• (b) a majority of lay members, and

• (c) not fewer than 3 members.

• (5) The chairperson of each division of the Disciplinary Tribunal shall be one of the lay members.

• (6) Where a complaint relates to a solicitor, the division of the Disciplinary Tribunal hearing the inquiry shall include at least one solicitor.

• (7) Where a complaint relates to a barrister, the division of the Disciplinary Tribunal hearing the inquiry shall include at least one barrister.

76. Chairperson of Disciplinary Tribunal

76. (1) The person appointed as chairperson of the Disciplinary Tribunal shall, where the person is a legal practitioner, have practised as a barrister or solicitor for not less than 10 years.

• (2) The term of office of the chairperson shall be 5 years, and the chairperson may be appointed for a second term not exceeding 5 years.

• (3) The chairperson shall retire on attaining the age of 70 years.

• (4) The chairperson shall be appointed by the President of the High Court from the persons nominated by the Minister for membership of the Tribunal.

77. Applications to Disciplinary Tribunal

77. The Disciplinary Tribunal may hear the following applications that are brought to it in accordance with regulations under section 79(1):

• (a) an application by the Complaints Committee under subsection (7) or (8)(c) of section 71;

• (b) an application by the Law Society under subsection (6) or (7) (c) of section 14A of the Solicitors (Amendment) Act 1994.

78. Presentation of case to Disciplinary Tribunal

78. (1) The Authority, or a person appointed to do so on its behalf, shall, in an application referred to in paragraph (a) of section 77, present the evidence to the Disciplinary Tribunal grounding the contention that misconduct by the legal practitioner concerned has occurred.

• (2) The Law Society, or a person appointed to do so on its behalf, shall, in an application referred to in paragraph (b) of section 77, present the evidence to the Disciplinary Tribunal grounding the contention that misconduct by the solicitor concerned has occurred.

79. Regulations relating to Disciplinary Tribunal

79. (1) The Disciplinary Tribunal may make Regulations, consistent with this Act, regulating—

• (a) the making of applications to the Disciplinary Tribunal under this Act, and

• (b) the proceedings of the Disciplinary Tribunal under this Act.

• (2) Regulations made under subsection (1) may make provision for—

• (a) the procedures to be followed in relation to the matters referred to in subsection (1), and

• (b) the parties, other than the Authority, the complainant and the legal practitioner concerned, who may make submissions to the Disciplinary Tribunal.

• (3) The Disciplinary Tribunal, in making regulations under subsection (1), shall have as objectives that the manner of making applications, and the conduct of proceedings, be as informal as is consistent with the principles of fair procedures, and that undue expense is not likely to be incurred by any party who has an interest in the application.

• (4) The Disciplinary Tribunal may consider and determine an application to it under this Part on the basis of affidavits and supporting documentation and records where the legal practitioner, and the Authority consent.

80. Powers of Disciplinary Tribunal as to taking of evidence, etc.

80. (1) The Disciplinary Tribunal shall, for the purposes of any inquiry under this Part, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action, in respect of—

• (a) the enforcement of the attendance of witnesses and their examination on oath or on affirmation,

• (b) the compelling of the production of documents, and

• (c) the compelling of the discovery under oath or under affirmation of documents, and a summons signed by a member of the Disciplinary Tribunal may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production and the discovery under oath or under affirmation of documents.

• (2) The Disciplinary Tribunal may require the Authority and the legal practitioner concerned to submit in writing an outline of the evidence expected to be given by each of the witnesses whom they propose to have summoned to attend the hearing.

• (3) The Disciplinary Tribunal may, if of opinion that the evidence expected to be given by any witness whom it is proposed to have summoned to attend the hearing is irrelevant or does not add materially to that proposed to be given by other witnesses and that accordingly the attendance of the witness at the inquiry is likely to give rise to unnecessary delay or expense, so inform the Authority or the legal practitioner concerned, as the case may be, and bring to the attention of the Authority or legal practitioner the provisions of subsection (4).

• (4) On the completion of the inquiry the Disciplinary Tribunal, whether or not it has acted in accordance with subsection (3), may, if of opinion that the attendance of any witness summoned at the request of the Authority or the legal practitioner concerned was unnecessary and thereby involved the witness in avoidable expense, by order direct that the Authority or the legal practitioner concerned, as the case may be, shall pay a specified amount or amounts not exceeding €1,000 to the witness in respect of the expense incurred, and the witness may recover the sum or sums from the Authority or legal practitioner, as the case may be, as a simple contract debt.

• (5) Before making an order under subsection (4), the Disciplinary Tribunal shall notify in writing the Authority or the legal practitioner concerned that it proposes to do so and shall consider any representations that may be made to it in writing by the person concerned within 14 days after the notification.

• (6) The Authority or the legal practitioner concerned in respect of whom an order has been made under subsection (4) may appeal to the High Court against the order within 21 days of the receipt by him or her of notification of the making of the order, and the Court may make such order on the appeal as it thinks fit.

• (7) If a person—

• (a) on being duly summoned as a witness before the Disciplinary Tribunal, without just cause or excuse disobeys the summons,

• (b) being in attendance as a witness before the Disciplinary Tribunal, refuses to take an oath or make an affirmation when required by the Disciplinary Tribunal to do so, or to produce or discover under oath or under affirmation any documents in his or her possession or under his or her control or within his or her procurement required by the Disciplinary Tribunal to be produced or discovered under oath or under affirmation by him or her, or to answer any question to which the Disciplinary Tribunal may require an answer,

• (c) wilfully gives evidence to the Disciplinary Tribunal which is material to its inquiry which he or she knows to be false or does not believe to be true,

• (d) by act or omission, obstructs or hinders the Disciplinary Tribunal in the performance of its functions, or

• (e) fails, neglects or refuses to comply with the provisions of an order made by the Disciplinary Tribunal,

the person shall be guilty of an offence.

• (8) A witness before the Disciplinary Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

• (9) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 6 months or to both, or

• (b) on conviction on indictment, to a fine not exceeding €30,000 or to imprisonment for a term not exceeding 2 years or to both.

• (10) Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (9), and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.

• (11) A reference in this section and section 81 to the Authority shall be deemed, in the case of an inquiry the application for which was made by the Law Society under section 77(b), to include a reference to the Law Society.

81. Inquiry by Disciplinary Tribunal

81. (1) Where the Disciplinary Tribunal receives an application referred to in section 77 for the holding of an inquiry, it shall arrange a date for the hearing and notify in writing the legal practitioner and the Authority.

• (2) An inquiry under this section shall be conducted by way of oral hearing and, subject to subsection (3), shall be heard in public.

• (3) Where the Disciplinary Tribunal is satisfied that it is necessary to do so in the interests of justice, it may direct that the hearing of the inquiry or any part thereof be held otherwise than in public.

• (4) The legal practitioner concerned and the Authority may be represented at any hearing before the Disciplinary Tribunal by a legal practitioner.

• (5) Witnesses appearing before the Disciplinary Tribunal shall give evidence on oath or on affirmation.

• (6) The legal practitioner concerned and the Authority shall have an opportunity to examine every witness giving evidence to the Disciplinary Tribunal.

• (7) If the Tribunal considers that, for the purposes of the inquiry, it requires the advice or assistance of an expert in respect of any matter, it may, subject to such terms and conditions as it may determine, appoint such number of persons having expertise in relation to the matter concerned as it considers necessary to provide it with such advice or assistance.

• (8) Having conducted the inquiry, the Disciplinary Tribunal shall make a determination whether or not, on the basis of the evidence properly before it, each act or omission to which the inquiry relates constitutes misconduct and, in that event, make a determination as to whether the issue of sanction should be dealt with pursuant to subsection (1) or (2) of section 82.

• (9) A determination referred to in subsection (8) shall—

• (a) be in writing,

• (b) specify the reasons for the determination,

• (c) specify the sanction (if any) to be imposed pursuant to section 82(1) or recommended under section 82(2), and

• (d) be notified to the legal practitioner, and the Authority.

82. Sanctions following finding of misconduct by Disciplinary Tribunal

82. (1) Where, pursuant to the holding of an inquiry under section 81, the Disciplinary Tribunal makes a determination under section 81(8) that there has been misconduct on the part of a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this subsection, the Disciplinary Tribunal may, subject to subsections (3) and (4), make an order imposing one or more of the following sanctions on the legal practitioner:

• (a) an advice;

• (b) an admonishment;

• (c) a censure;

• (d) a direction that the legal practitioner participate in one or more modules of a professional competence scheme and furnish, within a specified period, evidence to the Disciplinary Tribunal of such participation;

• (e) a direction that the legal practitioner concerned—

• (i) waive all or a part of any costs otherwise payable by the complainant to the legal practitioner concerned in respect of the matter the subject of the complaint,

• (ii) refund all or any part of any costs paid to the legal practitioner concerned in respect of the matter the subject of the complaint;

• (f) a direction that the legal practitioner arrange for the completion of the legal service to which the inquiry relates or the rectification, at his or her own expense, of any error, omission or other deficiency arising in connection with the provision of the legal services the subject of the inquiry, as the Disciplinary Tribunal may specify;

• (g) a direction that the legal practitioner take, at his or her own expense, such other action in the interests of the complainant as the Disciplinary Tribunal may specify;

• (h) a direction that the legal practitioner transfer any documents relating to the subject matter of the complaint (but not otherwise) to another legal practitioner nominated by the client or by the Authority with the consent of the client, subject to such terms and conditions as the Authority may deem appropriate having regard to the circumstances, including the existence of any right to possession or retention of such documents or any of them vested in the legal practitioner or in any other person;

• (i) a direction that the legal practitioner pay a sum, not exceeding €15,000, as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party;

• (j) a direction that the whole or a part of the costs of the Disciplinary Tribunal or of any person making submissions to it or appearing before it, in respect of the inquiry be paid by the legal practitioner concerned (which costs shall be assessed by a Legal Costs Adjudicator in default of agreement);

• (k) where the legal practitioner is a practising solicitor, a direction that a specified condition be imposed on his or her practising certificate;

• (l) where the legal practitioner is a practising solicitor, and the misconduct concerned consists of a breach of the Solicitors Accounts Regulations, a direction that he or she pay a sum not exceeding €15,000 to the Compensation Fund;

• (m) where the legal practitioner is a practising barrister, a direction to the chief executive of the Authority directing him or her to impose a specified restriction or condition on the legal practitioner in respect of his or her practice as a barrister.

• (2) Where, pursuant to the holding of an inquiry under this Part, the Disciplinary Tribunal makes a determination under section 81(8) that there has been misconduct by a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this subsection, the Disciplinary Tribunal shall make a recommendation to the High Court that the Court make one or more than one of the orders specified in section 85(7).

• (3) Where the Disciplinary Tribunal under subsection (1) makes an order imposing one or more of the sanctions specified in paragraphs (g), (i), (j) or (l) of that subsection, the aggregate amount of the sums to be paid by the legal practitioner under the order concerned shall not exceed €15,000.

• (4) In making an order referred to in subsection (3), the Disciplinary Tribunal shall have regard to the means of the legal practitioner concerned.

83. Persons who may appeal determination of Disciplinary Tribunal and matters in respect of which appeal may be brought

83. (1) Where the Disciplinary Tribunal makes a determination under section 81(8) that the act or omission concerned does not constitute misconduct, the Authority may appeal that finding to the High Court.

• (2) Where the Disciplinary Tribunal makes a determination under section 81(9) that the act or omission concerned constitutes misconduct and deals with the issue of sanction under section 82(1), an appeal may be brought to the High Court—

• (a) by the legal practitioner concerned as respects the determination of misconduct or the sanction imposed, or

• (b) by the Authority as respects the sanction imposed.

• (3) Where the Disciplinary Tribunal makes a determination under section 81(8) that the act or omission concerned constitutes misconduct and deals with the issue of sanction under section 82(2), the legal practitioner concerned may appeal that determination to the High Court.

• (4) Where the application to the Disciplinary Tribunal was brought by the Law Society, a reference in this section to the Authority shall be construed as including a reference to the Law Society.

• (5) An appeal under this section shall be brought within the period of 28 days of the date on which the notification under section 81(9)(d) of the determination concerned was sent to the person making the appeal.

84. Appeals to High Court from Disciplinary Tribunal

84. (1) The High Court shall determine an appeal brought in accordance with section 83 in accordance with this section and any rules of court made in relation to such appeals.

• (2) Each party who was a party participating in the inquiry of the Disciplinary Tribunal shall be entitled to appear and make submissions in connection with the matter under appeal.

• (3) In an appeal under section 83(1), the High Court may—

• (a) confirm the determination of the Disciplinary Tribunal, or

• (b) allow the appeal, and—

• (i) impose a sanction which the Disciplinary Tribunal could impose pursuant to section 82(1), or

• (ii) consider, in accordance with that section, the imposition of a sanction under section 85.

• (4) In an appeal under section 83(2)(a), the High Court may—

• (a) confirm the determination of the Disciplinary Tribunal, or

• (b) determine that the act or omission the subject of the inquiry does not constitute misconduct.

• (5) In an appeal under section 83(2)(b), or where the High Court makes a confirmation under subsection (4)(a), the Court may—

• (a) confirm the sanction imposed under section 82(1), or

• (b) impose a sanction which the Disciplinary Tribunal could have imposed under section 82(1), or

• (c) consider, in accordance with that section, the imposition of a sanction under section 85.

85. Consideration of matter by High Court where referred by Disciplinary Tribunal

85. (1) Where the Disciplinary Tribunal makes a recommendation to the High Court under section 82(2) and the legal practitioner concerned appeals in accordance with section 83(3) against the determination of misconduct, the Court shall first determine the appeal.

• (2) In an appeal under section 83(3), the High Court may—

• (a) confirm the determination of the Disciplinary Tribunal, or

• (b) determine that the act or omission the subject of the inquiry does not constitute misconduct.

• (3) Where—

• (a) the legal practitioner concerned does not appeal under section 83(3) the determination of the Disciplinary Tribunal,

• (b) the High Court confirms under subsection (2) the determination of the Disciplinary Tribunal, or

• (c) the High Court makes a decision referred to in subsection (3)(b)(ii) or (5)(c) of section 84,

the Court shall, having considered (where applicable) the recommendation of the Disciplinary Tribunal under section 82(2) and given each party who was a party participating in the inquiry of the Disciplinary Tribunal an opportunity to appear to make submissions in connection with the matter, decide upon the sanction to be imposed on the legal practitioner.

• (4) The sanction referred to in subsection (3) may be—

• (a) one or more of the sanctions which the Disciplinary Tribunal could impose under section 82(1), or

• (b) the making of an order under subsection (7).

• (5) Before imposing a sanction under subsection (3), the High Court may, if it thinks fit, remit the case to the Disciplinary Tribunal to take further evidence for submission to it and to make a supplementary report, and the Court may adjourn the hearing of the matter pending the submission to it of such further evidence and the making of such supplementary report.

• (6) In imposing a sanction under subsection (3), the High Court shall take account of any finding of misconduct on the part of the legal practitioner concerned previously made by the Disciplinary Tribunal and not rescinded by the Court and of any order made by the Court under this Act or under the Solicitors Acts 1954 to 2015.

• (7) The Court, under this subsection, may by order direct one or more than one of the following:

• (a) that the legal practitioner be censured or that he or she be censured and required to pay an amount of money to the Authority or, in the case of a legal practitioner who is a solicitor, to the Compensation Fund, as the Court considers appropriate;

• (b) that the legal practitioner be restricted as to the type of work which he or she may engage in, for such period as the Court considers appropriate and subject to such terms and conditions as the Court considers appropriate;

• (c) that the legal practitioner be prohibited from practising as a legal practitioner otherwise than as an employee, and subject to such terms and conditions as the Court considers appropriate;

• (d) that the legal practitioner be suspended from practice as a legal practitioner for a specified period and subject to such terms and conditions as the Court considers appropriate;

• (e) where the legal practitioner is a barrister, that the Authority, in accordance with Part 9, strike the name of the person off the roll of practising barristers and inform the Chief Justice and the Honorable Society of King’s Inns of the fact;

• (f) where the legal practitioner is a solicitor, that the name of the solicitor be struck off the roll of solicitors;

• (g) in the case of a legal practitioner to whom a Patent has been granted, that the Authority make an application referred to in section 175(2) in respect of that grant;

• (h) that the legal practitioner do one or more than one of the following:

• (i) take, at his or her own expense, such other action in the interests of the complainant as the Court may specify;

• (ii) pay a sum as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party;

• (iii) pay the whole or a part of the costs of the Disciplinary Tribunal or of any person making submissions to it or appearing before it, in respect of the inquiry concerned (which costs shall be assessed by a Legal Costs Adjudicator in default of agreement);

• (i) where the legal practitioner is a solicitor:

• (i) that a specified bank shall furnish any information in its possession that the Law Society may require relating to any aspect of the financial affairs of the practice of the solicitor;

• (ii) that the solicitor shall swear an affidavit disclosing all information relating to or contained in accounts, held in his or her own name or in the name of his or her firm or jointly with third parties with any bank within a specified duration of time, to be fixed by the Court;

• (iii) that the solicitor make restitution to any aggrieved party the Court thinks fit;

• (iv) on the application of the Law Society or the Authority, that the solicitor swear an affidavit (within a specified duration of time to be fixed by the Court) disclosing all information as to his or her assets either then in his or her possession or control or within his or her procurement and, if no longer in his or her possession or control or within his or her procurement, his or her belief as to the present whereabouts of those assets;

• (v) that the solicitor make himself or herself available before the Court on a specified day and at a specified time for oral examination under oath or under affirmation in relation to the contents of any affidavit of assets sworn by him or her pursuant to subparagraph (iv);

• (vi) on the application of the Law Society or the Authority and where it is shown that the conduct of the solicitor or of any clerk or servant of that solicitor arising from that solicitor’s practice as a solicitor has given or is likely to give rise to the making by the Law Society of a grant or grants out of the Compensation Fund, direct that the solicitor shall not reduce his assets below a certain specified amount or value unless the Court otherwise directs;

• (vii) on the application of the Law Society or the Authority, the delivery to any person appointed by the Law Society or Authority of all or any documents in the possession or control or within the procurement of the solicitor arising from his practice as a solicitor;

• (viii) either—

• (I) that no bank shall, without leave of the Court, make any payment out of an account in the name of the solicitor or his firm, or

• (II) that a specified bank shall not without leave of the Court, make any payment out of any account in the name of the solicitor or his or her firm;

• (ix) that the solicitor shall not attend at the place of business of his or her practice as a solicitor unless otherwise permitted by the Court;

• (x) that the solicitor shall not represent himself or herself as having, or hold himself or herself out as having, any connection with his or her former practice as a solicitor, or permit any other person to so represent that solicitor, unless otherwise permitted by the Court.

• (8) In making an order under subsection (6), the Court may, in addition—

• (a) make such order as to costs incurred in the proceedings before it and the Legal Practitioners Disciplinary Tribunal as the Court thinks fit,

• (b) make an ancillary order in relation to the matter which the Court thinks fit.

• (9) In this section, “Patent” has the same meaning as it has in Part 12, and includes a Patent granted in the State before the coming into operation of this section.

86. Exercise of jurisdiction of High Court under sections 84 and 85

86. The jurisdiction vested in the High Court by sections 84 and 85 shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.

87. Appeals to Court of Appeal

87. The Authority or the legal practitioner concerned may appeal to the Court of Appeal against an order of the High Court made under section 85 within a period of 21 days beginning on the date of the order and, unless the High Court or the Court of Appeal otherwise orders, the order of the High Court shall have effect pending the determination of such appeal.

88. Orders made by High Court or determinations made by Authority

88. (1) A copy of every decision or order made by the High Court under section 84 or 85 and any determination made by the Disciplinary Tribunal under sections 81 and 82 shall be furnished to the registrar of solicitors in the case of an order relating to a practising solicitor, or to the Honorable Society of King’s Inns in the case of an order relating to a practising barrister.

• (2) Where an order—

• (a) striking the name of a legal practitioner who is a solicitor off the roll of solicitors,

• (b) striking the name of a legal practitioner who is a barrister off the roll of practising barristers, or

• (c) suspending a legal practitioner from practice,

is made by the High Court under section 84 or 85, the Authority shall as soon as practicable thereafter cause a notice stating the effect of the operative part of the order to be published in Iris Oifigiúil and shall also cause the notice to be published in such other manner as the Authority may consider appropriate.

• (3) Where a matter is determined by the Disciplinary Tribunal in accordance with section 82(1) and the time for lodging an appeal has expired the Authority shall arrange for the publication of—

• (a) the determination,

• (b) the nature of the misconduct,

• (c) the sanction imposed, and

• (d) the name of the legal practitioner concerned.

• (4) Where the High Court makes a decision under—

• (a) section 84(3)(b),

• (b) section 84(4) (other than section 84(4)(b)),

• (c) section 85 (other than section 85(2)(b)),

the Authority shall arrange for the publication of—

• (i) the decision,

• (ii) the nature of the misconduct,

• (iii) the sanction imposed, and

• (iv) the name of the legal practitioner concerned.

89. Privilege (Part 6)

89. The following shall be absolutely privileged:

• (a) complaints made to the Authority under this Part and documents created or furnished to the parties entitled to receive them under this Part;

• (b) proceedings and documents associated with an inquiry held by the Disciplinary Tribunal under this Part;

• (c) a report made by the Disciplinary Tribunal to the High Court in accordance with this Part;

• (d) a notice authorised by section 88 to be published or communicated.

90. Enforcement of order of Disciplinary Tribunal under this Part

90. (1) Where, on application by the Authority in circumstances where the matter is not otherwise before the High Court, it is shown that a legal practitioner or any other person has refused, neglected or otherwise failed, without reasonable cause, to comply in whole or in part with a direction, determination or order to which subsection (4) applies, the Court may by order direct the legal practitioner or other person, as the case may be, to comply in whole or in part as may be appropriate, with the direction, determination or order.

• (2) An application by the Authority pursuant to subsection (1) shall be on notice to the legal practitioner or other person concerned unless the High Court otherwise orders.

• (3) An order of the High Court under subsection (1) may contain such provisions of a consequential nature as the Court considers appropriate.

• (4) This subsection applies to the following—

• (a) a direction of the Authority under section 60(6) or 61(6);

• (b) a determination of a Review Committee under section 62(5);

• (c) a direction of a Divisional Committee under section 71(1)(a);

• (d) an order of the Disciplinary Tribunal under section 82(1).

91. Transitional provisions in relation to solicitors

91. (1) Where, before the date on which this subsection comes into operation, a complaint under section 8 or 9 of the Solicitors (Amendment) Act 1994 has been received by the Law Society, then, notwithstanding the amendment by this Act of the Solicitors Acts 1954 to 2011, the provisions of those Acts shall continue to apply to the complaint as if those amendments had not been made.

• (2) Where, on or after the date on which this subsection comes into operation—

• (a) a complaint is made under section 51(1) in respect of a solicitor, and

• (b) the act or omission to which the complaint relates occurred before that date,

the complaint shall be dealt with under this Part and this Act shall apply accordingly.

• (3) Where, on or after the date on which this subsection comes into operation—

• (a) a complaint is made under section 51(2), in respect of a solicitor, and

• (b) the act or omission to which the complaint relates occurred before that date,

the complaint shall be dealt with under this Part and this Act shall apply accordingly, subject to the modification that “misconduct” shall, for the purposes of the complaint, be deemed to have the meaning it has under section 3 of the Solicitors (Amendment) Act 1960 as if the amendment of that section by section 184 had not been made.

92. Transitional provisions in relation to barristers

92. (1) Where, on or after the date on which this subsection comes into operation, the Benchers of the Honorable Society of King’s Inns disbar a person for an act or omission of the person that occurred before that date, the Honorable Society of King’s Inns shall notify the Authority of the disbarment, which notification shall be accompanied by a report of the act or omission concerned.

• (2) The Authority, on receipt of a notification and report under subsection (1), shall examine the report and, where it considers that the act or omission of the person constitutes misconduct, shall make an application to the High Court for the making by it of an order under this section.

• (3) An application under subsection (2) shall be on notice to the person concerned and the Honorable Society of King’s Inns.

• (4) The High Court, on an application under subsection (2), having considered the report under subsection (1) and given the Authority, the persons concerned and the Honorable Society of King’s Inns an opportunity to appear and to make submissions in connection with the application, decide whether to impose a sanction on the person.

• (5) The Court, under this subsection, may by order direct one or more than one of the following:

• (a) that the person be restricted as to the type of work which he or she may engage in, for such period as the Court considers appropriate and subject to such terms and conditions as the Court considers appropriate;

• (b) that the person be suspended from practice as a barrister for a specified period and subject to such terms and conditions as the Court considers appropriate;

• (c) that the Authority, in accordance with Part 9, strike the name of the person off the roll of practising barristers and inform the Chief Justice and the Honorable Society of King’s Inns of the fact.

93. Authority may appoint monitor for purposes of section 14C of Act of 1994

93. (1) The Authority may appoint such and so many members of its staff as it thinks fit to perform the functions of a monitor under section 14C of the Act of 1994.

• (2) The Authority may, at any time, request a report from a monitor in relation to the performance by him or her of his or her functions referred to in subsection (1).

94. Power of Authority under Part 6

94. The Authority, in the performance by it of its functions under this Part in relation to a complaint made as respects a solicitor, may exercise any power conferred on the Law Society under the Solicitors Acts 1954 to 2015.

PART 7 Imposition of levy on Professional Bodies and certain Barristers to cover expenses of Authority and Disciplinary Tribunal

95. Levy to be paid by Law Society, Bar Council and certain barristers

F2[95. (1) Subject to section 97, the following shall, in accordance with this Part, pay to the Authority in each financial year a levy (in this Part referred to as “the levy”) in the amount determined in accordance with this Part:

• (a) the Law Society;

• (b) the Bar Council;

• (c) each barrister who is not a member of the Law Library.

• (2) The levy referred to in subsection (1) shall be collected and retained by the Authority to be used to meet—

• (a) the expenses of the Authority and of the Disciplinary Tribunal incurred in the performance by them of their functions under this Act, and

• (b) the repayments by the Authority of any advances made by the Minister under section 32.]

95A. F3[Determination of levy

95A. (1) The amount of the levy payable in each financial year shall be the sum of—

• (a) the expenses of the Authority, and the expenses of the Disciplinary Tribunal, in respect of the levy year, calculated in accordance with this section, and

• (b) the amount determined by the Minister under subsection (2) in respect of the financial year.

• (2) The Minister shall, as soon as practicable after the beginning of each financial year, and following consultation with the Authority, determine the amount that the Authority shall pay to him or her in the financial year in repayment of advances made by him or her to the Authority under section 32.

• (3) The Authority shall, as soon as practicable after the beginning of each financial year, with the consent of the Minister and in accordance with this section, calculate, in respect of the levy year—

• (a) the expenses of the Authority, and

• (b) the expenses of the Disciplinary Tribunal.

• (4) The Authority, for the purposes of subsection (3), shall—

• (a) calculate in respect of each body—

• (i) the income of the body in the levy year,

• (ii) the operating costs and administrative expenses that were properly incurred by the body in the levy year in the performance by it of its functions under this Act, and

• (iii) the surplus or deficit arising in relation to the body in the levy year,

and

• (b) determine the budgeted net expenditure of each body in the financial year.

• (5) Where the Authority calculates under subsection (4) that a surplus exists in respect of a body in the levy year, it may, with the consent of the Minister, do either or both of the following:

• (a) retain the amount of the surplus, or a portion thereof, as a reserve;

• (b) deduct under subsection (7) the amount of the surplus, or a portion thereof, from the amount calculated under subsection (4)(a)(ii) in relation to the body.

• (6) Where the Authority calculates under subsection (4) that a deficit exists in respect of a body in the levy year, it may, with the consent of the Minister, do either or both of the following:

• (a) use any reserves of the body, or any portion thereof, to meet or reduce the amount of the deficit;

• (b) add under subsection (7) the amount of the deficit, or a portion thereof, to the amount calculated under subsection (4)(a)(ii) in relation to the body.

• (7) For the purposes of this Part, the net expenditure of a body in a given year shall be the amount that is the sum of the operating costs and administrative expenses that were properly incurred by the body in the year in the performance by it of its functions under this Act and the amount (if any) to which subsection (6)(b), in relation to the year, applies, less the amount (if any) to which subsection (5)(b), in relation to the year, applies.

• (8) For the purposes of this Part, the expenses of the Authority in respect of a levy year are the sum of—

• (a) the net expenditure of the Authority in the levy year, calculated in accordance with subsection (7), and

• (b) where applicable, the amount by which the budgeted net expenditure of the Authority in the financial year exceeds the amount, in respect of the levy year, calculated under subsection (4)(a)(ii) in relation to the Authority.

• (9) For the purposes of this Part, the expenses of the Disciplinary Tribunal in respect of a levy year are the sum of—

• (a) the net expenditure of the Disciplinary Tribunal in the levy year, calculated in accordance with subsection (7), and

• (b) where applicable, the amount by which the budgeted net expenditure of the Disciplinary Tribunal in the financial year exceeds the amount, in respect of the levy year, calculated under subsection (4)(a)(ii) in relation to the Disciplinary Tribunal.

• (10) A reference in this section to the budgeted net expenditure of a body in a year is a reference to the net expenditure that is reasonably expected to be incurred by the body in that year in the performance by it of its functions under this Act.

• (11) In this Part—

"body" means one of the following:

• (a) the Authority;

• (b) the Disciplinary Tribunal;

"deficit" means, in relation to a body, the amount by which the operating costs and administrative expenses of the body in a year exceed the income of the body in the year;

"expenses of the Authority" shall be construed in accordance with subsection (8);

"expenses of the Disciplinary Tribunal" shall be construed in accordance with subsection (9);

"financial year" means the period of 12 months beginning on 1 January and ending on 31 December;

"levy year" means, in relation to a financial year, the year immediately preceding the financial year;

"net expenditure", in relation to a body, shall be construed in accordance with subsection (7);

"operating costs and administrative expenses"—

• (a) in relation to the Authority, includes the following:

• (i) the remuneration (including allowances for expenses) of the members of the Authority;

• (ii) the remuneration (including allowances for expenses and superannuation benefits) of inspectors and members of the staff of the Authority;

• (iii) any superannuation contributions paid in respect of the members of the staff of the Authority out of moneys provided by the Oireachtas;

• (iv) fees due to consultants and advisers appointed under section 17;

• (v) the cost of office premises;

• (vi) any capital expenditure incurred by the Authority or portion thereof;

• (vii) any costs or expenses, not referred to in subparagraphs (i) to (vi), incurred by the Authority in the performance of its functions under this Act,

and

• (b) in relation to the Disciplinary Tribunal, includes the following:

• (i) the remuneration (including allowances for expenses) of the members of the Disciplinary Tribunal;

• (ii) the remuneration (including allowances for expenses and superannuation benefits) of members of staff of the Disciplinary Tribunal;

• (iii) any superannuation contributions paid in respect of the members of the staff of the Disciplinary Tribunal out of moneys provided by the Oireachtas;

• (iv) the cost of office premises;

• (v) any capital expenditure incurred by the Disciplinary Tribunal or portion thereof;

• (vi) any costs or expenses, not referred to in subparagraphs (i) to (v), incurred by the Disciplinary Tribunal in the performance of its functions under this Act;

"superannuation benefits" means pensions, gratuities and other allowances payable on resignation, retirement or death.

"surplus" means, in relation to a body, the amount by which the income of the body in a year exceeds the operating costs and administrative expenses of the body in the year.]

F4[Apportionment of levy

95B. (1) The Authority shall, in relation to the net expenditure of the Authority calculated under section 95A(7) in respect of a levy year, determine—

• (a) the proportion of the net expenditure that was incurred by the Authority in the performance of its functions—

• (i) under Part 6, and

• (ii) under this Act, other than Part 6,

and

• (b) in relation to the net expenditure of the Authority to which paragraph (a)(i) applies, the proportion of that net expenditure that was incurred by the Authority in the consideration and investigation of each of the following:

• (i) complaints in respect of solicitors;

• (ii) complaints in respect of barristers who were members of the Law Library;