Legalize / Ireland / Act

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

(d) the steps that may constitute an attempt, by a person referred to in subsection (2) or (3), to agree a bill of costs, and the certification by a Legal Costs Adjudicator that the person has made such an F21[attempt,]

F22[(e) a procedure whereby a party to an adjudication may, upon notice to another party—

(i) pay into court a sum of money, or

(ii) make an offer by way of tender to the other party,

in satisfaction of the costs of the other party that are the subject of the adjudication, and

(f) the respective liability of the parties referred to in paragraph (e) for the costs of the adjudication where the amount of a payment or offer referred to in that paragraph is equal to or greater than the amount of the costs concerned that, in the adjudication, are determined to be paid.]

(11) An application under this section shall be in a form specified by rules of court or, as the case may be, under section 163(1).

154A. F23[Adjudication of legal costs

154A. (1) Subject to subsection (2), where a person who is the subject of an order to pay costs in respect of relevant proceedings receives a bill of costs prepared in accordance with subsection (1) of section 154, that person shall not apply to the Chief Legal Costs Adjudicator for adjudication on any matter or item other than the following:

(a) that a matter or item claimed in the bill of costs is not in accordance with a monetary amount standing prescribed, under section 294 of the Planning and Development Act 2024, in relation to that matter or item;

(b) that the matter or item represents work that was actually done.

(2) Subsection (1) shall not apply to a matter or item in relevant proceedings where the matter or item is wholly unrelated to—

(a) Part 9 judicial review proceedings (within the meaning of Part 9 of the Planning and Development Act 2024), or

(b) proceedings, other than those referred to in paragraph (a), in which an applicant challenges an act or omission by any person that contravenes a provision of the Planning and Development Act 2024 relating to the environment.

(3) In this section "relevant proceedings" has the meaning it has in section 157.]

154B. F24[Adjudication of financially assisted legal costs

154B. ...]

155. Matters to be ascertained in course of adjudication of costs

155. (1) Schedule 1 on the principles relating to legal costs shall apply to the adjudication of a bill of costs by a Legal Costs Adjudicator.

(2) Where the Chief Legal Costs Adjudicator is adjudicating an application under this Part, a reference to a Legal Costs Adjudicator shall be construed as including the Chief Legal Costs Adjudicator.

(3) F25[Subject to subsection (7), in determining] an application for the adjudication of legal costs, the Legal Costs Adjudicator shall, to the extent which he or she considers it necessary to do so, consider and have regard to the entire case or matter to which the adjudication relates and the context in which the costs arise.

(4) In particular, the Legal Costs Adjudicator F25[shall, subject to subsection (7)], as respects a matter or item the subject of the application— ...

(a) verify that the matter or item represents work that was actually done,

(b) determine whether or not in the circumstances it was appropriate that a charge be made for the work concerned or the disbursement concerned,

(d) determine whether or not the costs relating to the matter or item concerned were reasonably incurred.

(5) In applying subsection (4) the Legal Costs Adjudicator shall, so far as reasonably practicable, ascertain, in relation to work (including work to which a disbursement relates)—

(a) the nature, extent and value of the work,

(b) who carried out the work, and

(6) In the application of subsection (3) to an adjudication relating to a bill of costs as between a legal practitioner and his or her client, the Legal Costs Adjudicator shall have regard to an agreement (if any) between the legal practitioner and the client in relation to the matter concerned, made under section 151.

F26[(7) In determining an application for the adjudication of legal costs in relation to an order to pay costs in respect of relevant proceedings (within the meaning of section 157), the Legal Costs Adjudicator shall consider the following:

(a) whether a matter or item claimed in the bill of costs is in accordance with a monetary amount standing prescribed, under section 294 of the Planning and Development Act 2024, in relation to that matter or item;

(b) that the matter or item represents work that was actually done.]

156. Powers of Legal Costs Adjudicator

156. (1) For the purposes of determining an application for adjudication of legal costs, a Legal Costs Adjudicator may—

(a) inspect documents relating to or relevant to the matter concerned, and

(b) where there is an oral hearing, summon and examine witnesses and administer oaths, and apply to the High Court for the enforcement of a summons.

(2) A Legal Costs Adjudicator may invite the parties to an adjudication to refer their dispute to mediation or another informal resolution process if he or she considers that to do so would be appropriate in all the circumstances, whether or not any of the parties have requested that the Legal Costs Adjudicator do so.

(3) If the parties agree to refer their dispute to mediation or other process referred to in subsection (2), the Legal Costs Adjudicator shall adjourn the determination of the application and may give any other direction that he or she considers will facilitate the resolution of the dispute.

(4) An oral hearing held for the purposes of an adjudication shall be held in public unless, in the opinion of the Legal Costs Adjudicator, the hearing or part thereof ought, in the interests of justice, be held otherwise than in public.

(5) The Legal Costs Adjudicator may, with the consent of the parties, conduct an adjudication without an oral hearing where he or she is of the opinion that it is expedient and in the interests of justice to do so.

(6) The High Court, in an application referred to in subsection (1), may make such order as to costs as it thinks fit in respect of the application.

157. Determination of applications

157. (1) A Legal Costs Adjudicator, having considered an application in accordance with section 155, shall, in accordance with this section, make a determination in respect of that application.

(2) A determination shall, as soon as practicable after it is made, be furnished to the parties to the adjudication.

(3) Subject to the other provisions of this section, and the principles relating to legal costs specified in Schedule 1, a Legal Costs Adjudicator shall confirm the charge in respect of an item of legal costs the subject of the application if, having regard to the matters that he or she considered and ascertained under section 155, he or she considers that—

F27[(a) charging in respect of the item is fair and reasonable in the circumstances,

(b) the amount charged in the bill of costs in respect of that item is fair and reasonable in the circumstances, and]

F28[(c) where the item relates to relevant proceedings, that the amount charged is in accordance with a monetary amount prescribed, under section 294 of the Planning and Development Act 2024, in respect of such item.]

(4) F27[Subject to subsection (4A), a Legal Costs Adjudicator shall], if he or she determines that it is fair and reasonable to charge an amount in respect of an item but that the amount of the charge in respect of the item is not fair and reasonable, determine a different amount to be charged in respect of that item.

F28[(4A) A Legal Costs Adjudicator shall not determine a different amount to be charged in respect of an item under subsection (4) where—

(a) the item in question relates to relevant proceedings,

(b) a monetary amount stands prescribed, under section 294 of the Planning and Development Act 2024, in respect of the item, and

(5) A Legal Costs Adjudicator shall not confirm an amount for a disbursement unless—

(a) there is a valid voucher or receipt in respect of the disbursement, or

(b) the parties have agreed, and the Legal Costs Adjudicator is satisfied, that such a voucher or receipt is not required.

(6) A Legal Costs Adjudicator shall not confirm a charge in respect of a matter or item if the matter or item is not included in a notice referred to in section 150 or, as the case may be, is not the subject of an agreement referred to in section 151, unless the Legal Costs Adjudicator is of the opinion that to disallow the matter or item would create an injustice between the parties.

(7) If a Legal Costs Adjudicator is of the opinion that a party to the application has neglected or refused to provide documents, and that the refusal or neglect would likely be prejudicial to the interests of one or more of the other parties, the Legal Costs Adjudicator shall, in order to minimise the prejudice to those interests—

(a) determine the application to the extent possible in the circumstances, and

(b) determine that only a nominal amount is to be payable to the party who has neglected or refused to provide the required documentation.

(8) The Legal Costs Adjudicator, having made a determination, shall prepare a report under subsection (9) —

(a) where he or she considers it to be in the public interest, or

(b) upon request by any party to the adjudication, made not later than 14 days after the making of the determination.

(9) A report referred to in subsection (8) shall set out the matters or items the subject of the adjudication and a brief outline of the background to the provision of the legal services concerned and the principal issues relating to the context of the provision of those services and—

(a) specify the work involved relating to the matters or items the subject of the adjudication which was considered in reaching the determination,

(b) specify the various stages of the legal services and the stage of the legal process at which such work was carried out by reference to distinct aspects of the course of the work,

(d) give reasons for his or her determination.

(10) A copy of any report under subsection (8) shall be furnished to any requesting party to the adjudication as soon as practicable after it has been prepared.

F28[(11) In this section "relevant proceedings" means proceedings—

(a) to which Chapter 2 of Part 9 of the Planning and Development Act 2024 applies, and

(b) in relation to which a court has not made an order under subsection (3) or (4) of section 293 of that Act.]

158. Effect of determination

158. (1) Subject to section 160, the determination of a Legal Costs Adjudicator is final and shall take effect 20 days after it is furnished under section 157(2) to the parties to the adjudication.

(2) Where an adjudication concerns only legal costs as between a legal practitioner and his or her client, and the Legal Costs Adjudicator has determined that the aggregate of the amounts to be paid is less than 15 per cent lower than the aggregate of those amounts set out in the bill of costs, the party chargeable to those costs shall pay the costs of the adjudication.

(3) Where a Legal Costs Adjudicator has determined that the aggregate of the amounts to be paid in respect of the legal costs referred to in subsection (2) is 15 per cent or more than 15 per cent lower than the aggregate of those amounts set out in the bill of costs, the legal practitioner who issued the bill of costs shall be responsible for the costs of the adjudication.

(4) Where subsection (3) applies, the Legal Costs Adjudicator may determine that the costs of the adjudication be set-off against the aggregate amount determined.

159. Reference to High Court

159. (1) A Legal Costs Adjudicator may, whether or not at the request of a party to an application for adjudication of legal costs, refer a question of law arising in the application to the High Court for the opinion of that Court.

(2) Where, in the determination of an application, a question as to the enforceability of an agreement entered into under section 151 arises, a Legal Costs Adjudicator shall refer the agreement to the High Court and the High Court shall decide if, and to what extent, the agreement is enforceable and—

(a) if it considers that the agreement is enforceable, it shall make the order that it considers appropriate to enforce the agreement, or

(b) if it considers that the agreement is not enforceable, it shall direct that the adjudication of the legal costs proceed as if no agreement had been entered into.

(3) If a question has been referred to the High Court under this section, a Legal Costs Adjudicator may not—

(a) make a determination to which the question is relevant while the reference is pending, or

(b) proceed in a manner, or make a determination, that is inconsistent with the opinion of the High Court on the question.

160. Consideration by Legal Costs Adjudicator of determination

160. (1) Where a party to an adjudication is dissatisfied with a decision of a Legal Costs Adjudicator under section 157 to confirm a charge, not to confirm a charge or to determine a different amount to be charged in respect of a matter or item the subject of the adjudication, he or she may, within 14 days of the date on which the determination is furnished to him or her under section 157(2), apply to the Legal Costs Adjudicator for the consideration of the decision and the making of a determination under this section.

(2) An application under subsection (1) shall be—

(a) in such form as may be specified in rules of court or, where applicable, under F29[section 163], and shall specify by a list in a short and concise form the matters or items, or parts thereof, to which the decision of the Legal Costs Adjudicator being objected to relates and the grounds and reasons for such objections, and

(b) made on notice to the other party to the adjudication.

(3) The Legal Costs Adjudicator shall, if he or she considers it appropriate to do so, and upon the application of the party entitled to the costs, issue an interim determination pending consideration of an application under subsection (1), in respect of—

(a) the remainder of the matters or items in the determination to which no objection has been made, and

(b) such of the matters or items that are subject of the application as the Legal Costs Adjudicator considers reasonable.

(4) For the purposes of an application under subsection (1), the Legal Costs Adjudicator shall reconsider and review his determination having regard to the matters or items specified under subsection (2)(a), and sections 155 to 158 shall apply in relation to such a consideration.

(5) The Legal Costs Adjudicator, having considered an application under this section may decide—

(a) not to vary his or her determination, or

(b) to make a new determination,

and the determination referred to in paragraph (a) or (b) shall, subject to section 161, take effect immediately.

(6) The functions of a Legal Costs Adjudicator in relation to an application under this section shall, insofar as practicable, be performed by the Legal Costs Adjudicator who made the determination to which the application relates.

161. Review of determination of Legal Costs Adjudicator

161. (1) A party to an adjudication who has made an application under section 160 may, not later than 21 days after the date on which the Legal Costs Adjudicator has made his or her determination under section 160(5), apply to the High Court for a review of the determination concerned.

(2) A review under this section shall be made by motion on notice to all other parties to the adjudication and the Chief Legal Costs Adjudicator.

(3) The court shall hear and determine the review on the evidence that was tendered to the Legal Costs Adjudicator unless the court orders that other evidence be submitted.

(4) The court shall, having heard the review under subsection (1) —

(a) confirm the determination of the Legal Costs Adjudicator, or

(b) allow the review and—

(i) remit the matter to the Legal Costs Adjudicator to determine the adjudication in accordance with the decision of the court, or

(ii) substitute its own determination for that of the Legal Costs Adjudicator.

(5) The High Court shall allow a review under subsection (4)(b) only where it is satisfied that the Legal Costs Adjudicator has, in his or her determination, erred as to the amount of the allowance or disallowance so that the determination is unjust.

(6) In this section “court” means—

(a) if the adjudication the subject of the review is in relation to party and party costs, the court that heard the proceedings to which those costs relate, and

(b) in any other case, the High Court.

Chapter 5 Miscellaneous

162. Privilege in respect of adjudications

162. Proceedings and documents created or furnished to the parties to a legal costs adjudication are absolutely privileged except—

(a) to the extent required for an appeal from the determination of a Legal Costs Adjudicator, and

(b) in relation to a mediation or other procedure for the resolution of disputes as to the legal costs concerned.

163. Power to specify forms

163. (1) Unless a form of document is specified in rules of court, the Chief Legal Costs Adjudicator may specify the form of documents required for the purposes of this Part as he or she considers appropriate.

(2) The Chief Legal Costs Adjudicator’s power under subsection (1) may be exercised in such a way as to—

(a) include in the specified form of any document referred to in that subsection a statutory declaration—

(i) that is to be made by the person completing the form, and

(ii) that states that the particulars contained in the form are true and correct to the best of that person’s knowledge and belief,

and

(b) specify 2 or more forms of any document referred to in that subsection, whether as alternatives, or to provide for particular circumstances or particular cases, as the Chief Legal Costs Adjudicator considers appropriate.

(3) A form specified under this section, or specified in rules of court, shall be—

(a) completed in accordance with such directions and instructions as are specified in the form,

(b) accompanied by such documents as are specified in the form, and

(i) the Chief Legal Costs Adjudicator,

(ii) another person on behalf of the Chief Legal Costs Adjudicator, or

(iii) any other person,

so provided in the manner, if any, specified in the form.

164. Transitional — Taxing-Masters

164. The Minister may designate a person who, immediately before the date on which this section commences, was serving as a Taxing-Master of the High Court, to perform the functions of the Chief Legal Costs Adjudicator or of a Legal Costs Adjudicator under this Part for a period that ends when his or her term as Taxing-Master would but for this Part otherwise expire and, if the Minister does so, that person may perform the functions of the Chief Legal Costs Adjudicator or of a Legal Costs Adjudicator under this Part, and shall be treated as though he or she were the Chief Legal Costs Adjudicator or a Legal Costs Adjudicator appointed under section 139(2), during that period.

165. Transitional — matters in course and legal proceedings

165. (1) Where, before the day on which this subsection comes into operation, a matter has been referred for taxation and a hearing has taken place on the matter, whether before a Taxing-Master or a County Registrar exercising the powers of a Taxing-Master, the matter shall be dealt with in accordance with the applicable law as it stood before that day notwithstanding the provisions of this Part.

(2) Where, before the day on which this subsection comes into operation, a decision has been made on a matter referred to taxation, any review of the decision shall be determined in accordance with the applicable law as it stood before that day, notwithstanding the provisions of this Part.

(3) Where, before the day on which this subsection comes into operation, a matter has been referred for taxation but a hearing has not yet taken place on the matter, the matter shall be dealt with as though the referral were an application for adjudication of legal costs under section 154 made on the day on which the matter was referred for taxation.

(4) Where, immediately before the day on which this subsection comes into operation, any legal proceedings are pending to which a Taxing-Master, or a County Registrar exercising the powers of a Taxing-Master, is a party and the proceedings have reference to any functions that on or after that day are functions of the Chief Legal Costs Adjudicator or a Legal Costs Adjudicator, the name of the Chief Legal Costs Adjudicator or Legal Costs Adjudicator, as the case may be, shall, in so far as the proceedings relate to those functions, be substituted in those proceedings for that of the Taxing-Master, or County Registrar, or added in those proceedings, and those proceedings shall not abate by reason of such substitution.

166. Information, documents, records, etc.

166. (1) Any information or document provided, before the day on which this section commences, to a Taxing-Master, or a County Registrar exercising the powers of a Taxing-Master, under a statute or rule of court relating to the taxation of legal costs, shall, on and after that day, be treated as information or a document provided to the Chief Legal Costs Adjudicator under this Part.

(2) A book, index, document or other record (including such a record in electronic or other non-legible form that is capable of being converted into permanent legible form) that was held, before the day on which this section commences, by a Taxing-Master, or a County Registrar exercising the powers of a Taxing-Master, under a statute or rule of court relating to the taxation of legal costs, shall, on and after that day, be treated as such a record held by or on behalf of the Chief Legal Costs Adjudicator.

167. References

167. On and after the day on which this section comes into operation—

(a) a reference in any other enactment to taxation of costs shall be construed as a reference to adjudication of costs,

(b) a reference to the Taxing-Masters’ Office contained in any other enactment or any other document shall be construed as a reference to the Office of the Legal Costs Adjudicators, and

(c) a reference to a Taxing-Master contained in any other enactment or any other document shall be construed as a reference to the Chief Legal Costs Adjudicator and every Legal Costs Adjudicator.

PART 11 Legal Costs in Civil Proceedings

168. Power to award legal costs

168. (1) Subject to the provisions of this Part, a court may, on application by a party to civil proceedings, at any stage in, and from time to time during, those proceedings—

(a) order that a party to the proceedings pay the costs of or incidental to the proceedings of one or more other parties to the proceedings, or

(b) where proceedings before the court concern the estate of a deceased individual, or the property of a trust, order that the costs of or incidental to the proceedings of one or more parties to the proceedings be paid out of the property of the estate or trust.

(2) Without prejudice to subsection (1), the order may include an order that a party shall pay—

(a) a portion of another party’s costs,

(b) costs from or until a specified date, including a date before the proceedings were commenced,

(d) where a party is partially successful in the proceedings, costs relating to the successful element or elements of the proceedings, and

(e) interest on costs from or until a specified date, including a date before the judgment.

(3) Nothing in this Part shall be construed as—

(a) restricting any right of action for the tort of maintenance, or

(b) restricting any right of a trustee, mortgagee or other person, existing on the day on which this section commences, to be paid costs out of a particular estate or fund to which he or she would be entitled under any rule of law or equity.

169. Costs to follow event

169. (1) A party who is entirely successful in civil proceedings is entitled to an award of costs against a party who is not successful in those proceedings, unless the court orders otherwise, having regard to the particular nature and circumstances of the case, and the conduct of the proceedings by the parties, including—

(a) conduct before and during the proceedings,

(b) whether it was reasonable for a party to raise, pursue or contest one or more issues in the proceedings,

(d) whether a successful party exaggerated his or her claim,

(e) whether a party made a payment into court and the date of that payment,

(f) whether a party made an offer to settle the matter the subject of the proceedings, and if so, the date, terms and circumstances of that offer, and

(g) where the parties were invited by the court to settle the claim (whether by mediation or otherwise) and the court considers that one or more than one of the parties was or were unreasonable in refusing to engage in the settlement discussions or in mediation.

(2) Where the court orders that a party who is entirely successful in civil proceedings is not entitled to an award of costs against a party who is not successful in those proceedings, it shall give reasons for that order.

(3) Where a party succeeds against one or more than one of the parties to civil proceedings but not against all of them, the court may order, to the extent that the court considers that it is proper to do so in all the circumstances, that—

(a) the successful party pay any or all of the costs of the party against whom he or she has not succeeded, or

(b) the party or more than one of the parties against whom the successful party has succeeded pay not only the costs of the successful party but also any or all of the costs that the successful party is liable to pay under paragraph (a).

(4) Unless the court before which civil proceedings were commenced orders otherwise, or the parties to those proceedings agree otherwise, a party who discontinues or abandons the proceedings after they are commenced (including discontinuance or abandonment of an appeal) is liable to pay the reasonable costs of every other party who has incurred costs in the defence of the civil proceedings concerned until the discontinuance or abandonment.

(5) Nothing in this Part shall be construed as affecting section 50B of the Planning and Development Act F30[2000, Part 2 of the Environment (Miscellaneous Provisions) Act 2011 or Chapter 2 of Part 9 of the Planning and Development Act 2024].

PART 12 Patents of Precedence

170. Definitions (Part 12)

170. In this Part—

“Committee” means the Advisory Committee on the grant of Patents of Precedence established under section 172;

“Patent”, subject to section 171(2), means—

(a) in relation to a barrister, a Patent of Precedence, the grant of which to the barrister entitles him or her to be called to the Inner Bar and to use the title of “Senior Counsel”, and

(b) in relation to a solicitor, a Patent of Precedence, the grant of which to a solicitor entitles him or her to use the title of “Senior Counsel”;

“tax clearance certificate” means a certificate issued under section 1095 of the Taxes Consolidation Act 1997.

171. Power to grant, and to revoke grant of, Patent

171. (1) The Government may—

(a) on the recommendation of the Committee under section 174, grant a Patent to a legal practitioner, and

(b) on the recommendation of the Committee under section 175, revoke the grant of a Patent to a legal practitioner.

(2) For the purposes of subsection (1)(b), section 175 and section 176, “Patent” includes a Patent granted in the State before the commencement of this section.

172. Advisory Committee on the grant of Patents of Precedence

172. (1) The Authority shall establish an Advisory Committee on the grant of Patents of Precedence to perform the functions assigned to it under this Part.

(2) The Committee shall consist of:

(a) the Chief Justice, who shall be the chairperson of the Committee;

F31[(aa) the President of the Court of Appeal;]

(b) the President of the High Court;

(d) the Chairperson of the Bar Council;

(e) the President of the Law Society; and

(f) a lay member of the Authority nominated by the Minister.

(3) A person appointed under paragraph (f) of subsection (2) —

(a) shall be a member of the Committee for a period not exceeding 3 years from the date of his or her appointment as such a member, and

(b) shall be eligible for re-appointment to the Committee provided, and for so long as, he or she remains a member of the Authority.

(4) A member of the Committee, who is unable to attend a meeting of the Committee, may nominate a deputy to attend in his or her place.

(5) The Committee may act notwithstanding a vacancy in its membership.

(6) On the death or retirement of the Chief Justice, the senior ordinary judge of the Supreme Court who is for the time being available shall be a member of the Committee until the appointment of a Chief Justice.

F31[(6A) On the death or retirement of the President of the Court of Appeal, the senior ordinary judge of the Court of Appeal who is for the time being available shall be a member of the Committee until the appointment of a President of the Court of Appeal.]

(7) On the death or retirement of the President of the High Court, the senior ordinary judge of the High Court who is for the time being available shall be a member of the Committee until the appointment of a President of the High Court.

(8) Where a member of the Committee—

(a) makes an application under section 174(1), or

(b) is the subject of an application under section 175(2),

he or she shall take no part in any consideration by the Committee of that application.

(9) All proceedings of the Committee and all communications by and to the Committee, including consultations by the Committee under section 174(3), shall be confidential and shall not be disclosed except for the purposes of this Act.

173. Criteria for grant of Patent

173. (1) The Committee shall establish the criteria, based on the objectives specified in subsection (2), to be met by a legal practitioner in order for a recommendation to be made by it to the Government that a Patent be granted to him or her.

(2) The objectives referred to in subsection (1) are those of ensuring, in relation to a legal practitioner seeking to have a Patent granted to him or her, that he or she:

(a) has, in his or her practice as a legal practitioner, displayed—

(i) a degree of competence and a degree of probity appropriate to and consistent with the grant to him or her of a Patent,

(ii) professional independence, and

(iii) one or more of the following:

(I) a proven capacity for excellence in the practice of advocacy;

(II) a proven capacity for excellence in the practice of specialist litigation; or

(III) specialist knowledge of an area of law;

(b) is suitable on grounds of character and temperament;

(d) is otherwise suitable to be granted a Patent.

174. Application for recommendation

174. (1) A legal practitioner who wishes to be granted a Patent under section 171 may apply to the Committee for—

(a) its consideration, in accordance with this section, of whether he or she meets the criteria established under section 173, and

(b) subject to paragraph (a), its recommendation to the Government that he or she be granted a Patent.

(2) An application under subsection (1) shall be accompanied by such information and such fee as may be prescribed.

(3) Where the Committee receives an application under subsection (1), it shall consider whether the applicant meets the criteria established under section 173 and, for that purpose, may consult in confidence with such persons as it considers appropriate.

(4) Following its consideration under subsection (3), the Committee shall—

(a) where it decides that an applicant meets the criteria established under section 173, recommend to the Government that the applicant be granted a Patent, and

(b) where it decides that the applicant does not meet those criteria, notify the applicant in writing of its decision and of the reasons for it.

(5) The Minister may prescribe—

(a) the form of application under this section,

(b) the information and fee (if any) that is to accompany an application for the grant of a Patent, and

175. Revocation of grant of Patent

175. (1) The Government may, on a recommendation from the Committee made in accordance with this section, revoke the grant of a Patent.

(2) Where the High Court makes an order referred to in section 85(7)(g) in relation to a legal practitioner, the Authority shall apply to the Committee for—

(a) its consideration, in accordance with this section, of whether the grant of a Patent to that legal practitioner should be revoked, and

(b) subject to paragraph (a), its recommendation to the Government that that grant be revoked.

(3) An application under subsection (2) shall be accompanied by—

(a) a statement of the reasons for the application,

(b) copies of all documents that were before the Disciplinary Tribunal in the making of its determination under section 81(8), and

(4) The Committee, on receipt of an application under subsection (2), shall notify the person concerned in writing of the application.

(5) A notification under subsection (4) shall include—

(a) a copy of all documents furnished to the Committee in the application under subsection (2),

(b) a statement that the person concerned may, within 30 working days of the sending of the notification or such other period as the Committee, having regard to the requirements of justice, may specify, make representations in the prescribed manner to the Committee as to why the grant should not be revoked, and

(c) a statement that, where no representations are received within the period specified under paragraph (b), the Committee will, without further notice, proceed to consider the application.

(6) In considering an application under subsection (2), the Committee shall take into account—

(a) the information furnished in the application,

(b) any representations made pursuant to subsection (5)(b), and

(7) The Committee shall decide to recommend to the Government that the grant of a Patent be revoked only where satisfied, on the basis of the representations and matters referred to in subsection (6), that the person concerned no longer meets the criteria established under section 173.

(8) Where the Committee makes a decision referred to in subsection (7), it shall notify the person concerned in writing of its decision and of the reasons for it.

(9) A person referred to in subsection (8) may, within 30 working days of the sending of the notification under that subsection, appeal to the High Court against the decision of the Committee.

(10) On hearing an appeal under subsection (9), the High Court may, as it thinks proper, either affirm or overturn the decision concerned.

(11) The Committee shall recommend to the Government that the grant of a Patent to a person referred to in subsection (8) be revoked only—

(a) where no appeal is made under subsection (9), after the expiry of the period referred to in that subsection,

(b) where an appeal is made under subsection (9), if the High Court affirms the decision concerned.

(12) The Minister may prescribe—

(a) the form of application under subsection (2),

(b) the information and fee (if any) that is to accompany such an application, and

176. Solicitor granted Patent while barrister

176. A solicitor to whom, before the commencement of this section and while he or she was a barrister, a Patent was granted, shall be entitled to use the title of “Senior Counsel”.

PART 13 Amendments of Solicitors Acts 1954 to 2011

177. Amendment of section 3 of Act of 1954

177. Section 3 of the Act of 1954 is amended by the insertion of the following definition:

“ ‘the Authority’ means the Legal Services Regulatory Authority;”.

178. Amendment of section 5 of Act of 1954

178. Section 5(1) of the Act of 1954 is amended by the substitution of “may, with the approval of the Authority, make” for “may make”.

179. Amendment of section 47 of Act of 1954

179. Section 47(8) of the Act of 1954 is amended by the substitution of “Authority” for “Minister”.

180. Amendment of section 48 of Act of 1954

180. Section 48(3) of the Act of 1954 is amended by the substitution of “Authority” for “Chief Justice” in both places where it occurs.

181. Amendment of section 49 of Act of 1954

181. Section 49 of the Act of 1954 is amended—

(a) in subsection (1) (q) —

(i) by the substitution, in subparagraph (ii), of “years,” for “years, or”,

(ii) by the substitution, in subparagraph (iii), of “clients, or” for “clients.”, and

(iii) by the insertion of the following after subparagraph (iii):

“(iv) the number and nature of complaints made to the Authority in respect of the solicitor under section 51 of the Legal Services Regulation Act 2015, within the preceding two practice years;”,

(b) by the insertion of the following after subsection (1)(q):

“(r) he has failed to comply with a notice issued to him under section 70(6)(c) of the Legal Services Regulation Act 2015 by the Complaints Committee of the Authority;

(s) he has failed to comply with a direction issued to him under section 71(1)(a) of the Legal Services Regulation Act 2015;

(t) he has been convicted of an indictable offence;

(u) he has contravened the Solicitors Acts 1954 to 2015;

(v) he has contravened the Legal Services Regulation Act 2015 or regulations made under it.”,

and

“(8) The Society, where it has reason to consider that a solicitor may not be fit to carry on the practice of a solicitor having regard to the state of his physical or mental health, may, for the purposes of subsection (1)(p), direct that the solicitor be examined by a registered medical practitioner nominated by the Society.

(9) In subsection (8), ‘registered medical practitioner’ means a person who is a registered medical practitioner within the meaning of section 2 of the Medical Practitioners Act 2007.”.

182. Amendment of section 66 of Act of 1954

182. Section 66 of the Act of 1954 is amended in subsection (1) by the substitution of “the Authority” for “the President of the High Court”.

183. Amendment of section 71 of Act of 1954

183. Section 71 of the Act of 1954 is amended in subsection (8) by—

(a) the deletion of “Notwithstanding paragraph (d) of subsection (2) and subsection (3) of this section;” and

(b) the deletion of “, whether in an advertisement or otherwise,”.

184. Amendment of section 3 of Act of 1960

184. Section 3 of the Act of 1960 is amended by the insertion of the following definitions:

“ ‘Authority’ means the Legal Services Regulatory Authority;

‘misconduct’ shall be construed in accordance with section 50 of the Legal Services Regulation Act 2015, in so far as that section relates to solicitors;”.

185. Solicitor shall not have connection, accept instructions, from certain persons

185. The Act of 1960 is amended by the insertion of the following after section 3:

“3A. A solicitor shall not, in the course of his or her practice as a solicitor, other than where permitted to do so under the Legal Services Regulation Act 2015—

(a) have any direct or indirect connection, association or arrangement with any person (other than a client) whom the solicitor knows, or upon reasonable enquiry should have known, is a person who is acting or has acted in contravention of section 55 or 56 or section 58 of the Principal Act, or section 5 of the Solicitors (Amendment) Act 2002, or

(b) accept instructions to provide legal services to a person from another person whom the solicitor knows, or upon reasonable enquiry should have known, is a person who is acting or has acted in contravention of the enactments referred to in paragraph (a).”.

186. Amendment of section 7 of Act of 1960

186. Section 7 of the Act of 1960 is amended in subsection (1) by the substitution of “made by the person before the date on which Part 6 of the Legal Services Regulation Act 2015 comes into operation, or made by the Society” for “or by the Society”.

187. Amendment of section 9 of Act of 1960

187. Section 9 of the Act of 1960 is amended by the substitution of “Law Society” for “Disciplinary Committee” in each place where it occurs.

188. Amendment of section 10 of Act of 1960

188. Section 10 of the Act of 1960 is amended by the insertion of the following after subsection (4):

“(5) The Law Society shall inform the Authority of the making of an order, or the refusal of an application, under subsection (3).”.

189. Amendment of section 14 of Act of 1960

189. Section 14 of the Act of 1960 is amended—

(a) in paragraph (e), by the substitution of “application,” for “application, and”,

(b) by the insertion of the following after paragraph (f):

“(g) the making of a complaint under Part 6 of the Legal Services Regulation Act 2015 to the Authority and documents created or furnished to the parties entitled to receive them under that Part,

(h) an interim report and final report, referred to in section 59 of the Legal Services Regulation Act 2015, of the Society of an investigation carried out by it in compliance with a request under that section, and

(i) proceedings and documents associated with an inquiry held by the Legal Practitioners Disciplinary Tribunal under Part 6 of the Legal Services Regulation Act 2015,”.

190. Amendment of section 17 of Act of 1960

190. Section 17 of the Act of 1960 is amended—

(a) in subsection (1) —

(i) by the substitution, in paragraph (a), of “Act” for “Act, and”,

(ii) by the substitution, in paragraph (b), of “Act, and” for “Act,”, and

(iii) by the insertion of the following after paragraph (b):

“(c) a copy of any decision or order made by the High Court and any determination made by the Legal Practitioners Disciplinary Tribunal under Part 6 of the Legal Services Regulation Act 2015 in relation to a complaint under that Part in respect of a solicitor,”,

(b) in subsection (3) —

(i) by the substitution, in paragraph (b), of “Disciplinary Committee, and” for “Disciplinary Committee.”, and

(ii) by the insertion of the following after paragraph (b):

“(c) on a file to be termed File C, there shall be entered each decision or order made by the High Court under section 84 or 85 of the Legal Services Regulation Act 2015 and any determination made by the Legal Practitioners Disciplinary Tribunal under section 82 of the Legal Services Regulation Act 2015, in relation to a complaint under that Part in respect of a solicitor.”,

(d) in subsection (5)(a), by the substitution of “File A, File B or File C” for “File A or File B”.

191. Amendment of section 24 of Act of 1960

191. Section 24 of the Act of 1960 is amended by the substitution of “Authority” for “President of the High Court”.

192. Amendment of section 31 of Act of 1960

192. Section 31 of the Act of 1960 is amended in subsection (2) by the substitution of “Authority” for “President of the High Court”.

193. Amendment of section 2 of Act of 1994

193. Section 2 of the Act of 1994 is amended by the insertion of the following definition:

“ ‘Authority’ means the Legal Services Regulatory Authority;”.

194. Amendment of section 8 of Act of 1994

194. Section 8 of the Act of 1994 is amended—

(a) in subsection (1), by the substitution of “Where the Society, before the date on which Part 6 of the Legal Services Regulation Act 2015 comes into operation,” for “Where the Society”, and

(b) in subsection (8), by the substitution of “Authority” for “President of the High Court”.

195. Amendment of section 9 of Act of 1994

195. Section 9 of the Act of 1994 is amended—

(a) in subsection (1), by the substitution of “Where the Society, before the date on which Part 6 of the Legal Services Regulation Act 2015 comes into operation,” for “Where the Society”, and

(b) in subsection (2), by the substitution of “basis, or to the Chief Legal Costs Adjudicator for adjudication under Part 10 of the Legal Services Regulation Act 2015.” for “basis.”,

(i) by the substitution of “basis, or to the Chief Legal Costs Adjudicator for adjudication under Part 10 of the Legal Services Regulation Act 2015,” for “basis,” and

(ii) “taxation, or to the Chief Legal Costs Adjudicator for adjudication under Part 10 of the Legal Services Regulation Act 2015.” for “taxation.”,

and

(d) in subsection (7), by the substitution of “Authority” for “President of the High Court”.

196. Amendment of section 10 of Act of 1994

196. Section 10 of the Act of 1994 is amended by the substitution of “made, before the date on which Part 6 of the Legal Services Regulation Act 2015 comes into operation, to the Society -” for “made to the Society -”.

197. Amendment of section 14 of Act of 1994

197. Section 14 of the Act of 1994 is amended in subsection (1) —

(a) by the deletion of “whether as a result of a complaint or otherwise,” and

(b) by the insertion of the following after paragraph (a):

“(aa) a matter for the purposes of compliance with a request under section 59 of the Legal Services Regulation Act 2015,”.

198. Amendment of section 14A of Act of 1994

198. The Act of 1994 is amended by the substitution of the following for section 14A:

“14A. (1) For the avoidance of doubt, it is hereby declared that the power of the Society to investigate alleged misconduct by a solicitor may be exercised whether or not the Society receive—

(a) a complaint in relation to the solicitor, or

(b) a request under section 59 of the Legal Services Regulation Act 2015 for the investigation into any matter that is relevant to a complaint under Part 6 of that Act in relation to the solicitor.

(2) The Society shall, in addition to exercising its power referred to in subsection (1), conduct an investigation in compliance with a request under section 59 of the Legal Services Regulation Act 2015 for the investigation into any matter that is relevant to a complaint under Part 6 of that Act in relation to the solicitor.

(3) Where the Society, following an investigation, considers that the act or omission the subject of the investigation is not one to which subsection (6) applies, but determines that it warrants the imposition of a sanction under this section, it may—

(a) in accordance with section 71 of the Legal Services Regulation Act 2015, issue a direction to the solicitor concerned to take such measures as are specified in the determination of the Society, being measures specified in respect of solicitors in subsection (5) of that section, or

(b) where the solicitor concerned so consents in writing, take the measure, being the measure specified in section 71(6)(a) of the Legal Services Regulation Act 2015, specified in the determination of the Society.

(4) Where the Society issues one or more than one direction in accordance with subsection (3)(a) and the solicitor complies with each such direction, the complaint shall be considered as determined.

(5) Where the Society (with the consent of the solicitor concerned) takes the measure specified in subsection (3)(b), the complaint shall be deemed to be determined.

(6)

(a) Subject to subsection (7), where the Society has commenced its investigation on or after the date on which the Legal Services Regulation Act 2015 comes into operation, and it considers that the act or omission the subject of the investigation is of a kind that is more appropriate for consideration by the Legal Practitioners Disciplinary Tribunal than by it, it may make an application in respect of the matter to it for the holding of an inquiry under section 81 of the Legal Services Regulation Act 2015.

(b) In determining whether it be more appropriate for the matter to be considered by the Legal Practitioners Disciplinary Tribunal, the Society shall have regard to the gravity of the concerns raised and matters disclosed in the complaint and in its investigation.

(7)

(a) Where the Society considers that the measure specified in section 71(6)(a) of the Legal Services Regulation Act 2015 is the appropriate measure to be taken as respects the finalisation of its investigation, it shall notify the solicitor concerned to that effect and specify the precise measure (including in the case of a restriction or condition to be placed on the practising certificate of the solicitor, the precise restriction or condition) it proposes to take.

(b) The notification referred to in paragraph (a) shall indicate that unless the solicitor concerned furnishes to the Society his or her consent in writing to the imposition of the specified measures within 21 days of the issue of the notification, the Society will apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry under section 81 of the Legal Services Regulation Act 2015.

(c) Where the Society issues a notification pursuant to paragraph (b) and does not receive the written consent of the solicitor 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 under section 81 of the Legal Services Regulation Act 2015 into the matter, in so far as the Society has not found that the concerns giving rise to its investigation of the matter are 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 Legal Practitioners Disciplinary Tribunal.

(8) The Society shall notify the Authority of its determination under subsection (3).”.

199. Monitor appointed by Authority may attend committee meetings

199. The Act of 1994 is amended by the insertion of the following after section 14B:

“14C. (1) Where a committee is investigating an act or omission of a solicitor to which section 51(5) of the Legal Services Regulation Act 2015 applies, a monitor may attend and observe any meeting of the committee in relation to the investigation.

(2) The Society shall inform the Authority of the time and place of a meeting referred to in subsection (1).

(3) In this section—

‘committee’ means any committee of the Society to which the powers or functions of investigating alleged misconduct by a solicitor has been delegated;

‘monitor’ means a person appointed by the Authority under section 93 of the Legal Services Regulation Act 2015 to perform the functions of a monitor under this section.”.

200. Amendment of section 22 of Act of 1994

200. Section 22 of the Act of 1994 is amended by the insertion of “or the Legal Practitioners Disciplinary Tribunal” after “Tribunal” in both places where it occurs.

201. Amendment of section 26 of Act of 1994

201. Section 26 of the Act of 1994 is amended—

(a) in subsection (1) —

(i) by the substitution of “The Society may, with the consent of the Authority, make regulations” for “The Society may make regulations”,

(ii) in paragraph (a), by the substitution of “solicitor,” for “solicitor, or”,

(iii) in paragraph (b), by the substitution of “as a solicitor, or” for “as a solicitor.”, and

(iv) by the insertion of the following paragraph after paragraph (b):

“(c) by a solicitor arising from his practice as a solicitor in a legal partnership, multi-disciplinary practice or limited liability partnership (within the meaning of the Legal Services Regulation Act 2015).”,

(b) by the insertion of the following new subsection after subsection (1):

“(1A) In making indemnity regulations under subsection (1), regard shall be had to the objective of ensuring, in relation to solicitors in a legal partnership, multi-disciplinary practice or limited liability partnership referred to in paragraph (c) of that subsection, that there is adequate indemnity against losses in place in respect of each solicitor and other person in such partnership or practice concerned who is required to be covered.”.

(d) by the deletion of subsection (6).

202. Amendment of section 35 of Act of 1994

202. Section 35 of the Act of 1994 is amended by the substitution of “Society and to the Authority,” for “Society,”.

203. Amendment of section 38 of Act of 1994

203. Section 38 of the Act of 1994 is amended—

(a) in subsection (1) —

(i) by the substitution of “the Solicitors Acts 1954 to 2015 or the Legal Services Regulation Act 2015,” for “the Solicitors Acts, 1954 to 1994,”, and

(ii) by the insertion of “or the Authority” after “Society”,

and

(b) in subsection (2) by the substitution of “the Solicitors Acts 1954 to 2015 or the Legal Services Regulation Act 2015,” for “the Solicitors Acts, 1954 to 1994,”.

204. Amendment of section 58 of Act of 1994

204. Section 58 of the Act of 1994 is amended—

(a) in subsection (1), by the substitution of “Where a solicitor fails to comply with any provision of the Solicitors Acts 1954 to 2015 or the Legal Services Regulation Act 2015, or with any regulations made thereunder or with any conditions specified in a direction relating to a practising certificate under section 59 of this Act, or has been convicted of an indictable offence and sentenced to a term of imprisonment, and the Society are of the opinion that such failure to comply or, as the case may be, such conviction and sentence is serious and warrants the making of an application under this section” for “Where a solicitor fails to comply with any provision of the Solicitors Acts 1954 to 1994, or with any regulations made thereunder or with any conditions specified in a direction relating to a practising certificate under section 59 of this Act, and the Society are of the opinion that such failure to comply is serious and warrants the making of an application under this section”, and

(b) by the substitution of the following for subsection (3):

“(3) Any application made by the Society pursuant to subsection (1) shall be without prejudice to the right of the Society under—

(a) section 7 of the Act of 1960 to apply to the Disciplinary Tribunal for an inquiry into the conduct of the solicitor concerned on the ground of alleged misconduct, or

(b) section 14A to make an application to the Legal Practitioners Disciplinary Tribunal in respect of the conduct of the solicitor concerned for the holding of an inquiry under section 81 of the Legal Services Regulation Act 2015.”.

205. Amendment of section 59 of Act of 1994

205. Section 59(2) of the Act of 1994 is amended by the substitution of “section 49(1)(c) to (v) ” for “section 49(1)(c) to (p) (as substituted by this Act)”.

206. Amendment of section 1 of Act of 2002

206. Section 1 of the Act of 2002 is amended by the insertion of the following definition:

“ ‘the Authority’ means the Legal Services Regulatory Authority;”.

207. Amendment of section 5 of Act of 2002

207. Section 5 of the Act of 2002 is amended by—

(a) the substitution of the following paragraph for paragraph (b):

“(b) which, if published or caused to be published by a solicitor, would contravene regulations made under section 218 of the Legal Services Regulation Act 2015.”,

and

(b) by the substitution of the following subsection for subsection (2):

“(2) In subsection (1), ‘advertisement’ has the meaning assigned to it by section 218(8) of the Legal Services Regulation Act 2015 with the substitution, where appropriate, of ‘a person who is not a solicitor’ for ‘a legal practitioner’.”.

208. Amendment of section 19 of Act of 2002

208. Section 19 of the Act of 2002 is amended—

(a) by the substitution of “Legal Practitioners Disciplinary Tribunal” for “Disciplinary Tribunal” in each place in which it occurs, and

(b) by the substitution of the following for subsection (7):

“(7) In this section, ‘misconduct’—

(a) means, in relation to an act or omission that occurred before the date on which Part 6 of the Legal Services Regulation Act 2015 comes into operation—

(i) the commission of an offence under section 55, 56 or 58 of the Principal Act or of an arrestable offence (within the meaning of the Criminal Law Act 1997),

(ii) conduct outside the State which constitutes an offence under the law of the jurisdiction concerned and which, if that conduct took place within the State, would constitute an arrestable offence (within that meaning), or

(iii) any other conduct which, if engaged in by a solicitor, would tend to bring the solicitors’ profession into disrepute,

and

(b) in relation to an act or omission that occurred on or after the date on which Part 6 of the Legal Services Regulation Act 2015 comes into operation, shall be construed in accordance with section 50 of that Act, in so far as that section relates to solicitors.”.

PART 14 Miscellaneous

209. Immunity

209. (1) Neither the Authority nor a member, or member of staff, of the Authority shall be liable in damages in respect of any act done or omitted to be done by it or him or her in the performance, or purported performance, of its or his or her functions under Part 3 or 6, unless the act or omission concerned was done in bad faith.

(2) The State shall not be liable in damages in respect of any act done or omitted to be done by the Authority or a member, or member of staff, of the Authority in the performance, or purported performance, by the Authority or such member of its, his or her functions under Part 3 or 6, unless the act or omission concerned was done in bad faith.

(3) Neither the State nor the Authority shall be liable in damages in respect of any act done or omitted to be done by the Law Society in the performance, or purported performance, by the Law Society of its functions under Part 6 or the Solicitors Acts 1954 to 2015.

(4) In this section—

“Authority” includes a Review Committee established under section 62, the Complaints Committee and the Disciplinary Tribunal;

“member of staff” includes an inspector appointed in accordance with section 37(1)(b).

210. No indemnification of Compensation Fund

210. (1) The State shall not indemnify the Compensation Fund in respect of any liability of that Fund howsoever arising and, accordingly, no public moneys shall be paid into that Fund for any purpose or be otherwise used to meet any liability of that Fund.

(2) This section shall apply whether or not the moneys standing to the credit of the Compensation Fund are sufficient to meet the liabilities of that Fund.

(3) In this section “public moneys” means moneys charged on or issued out of the Central Fund or the growing produce thereof or provided by the Oireachtas.

211. Amendment of Courts Act 1971

211. The Courts Act 1971 is amended by substituting the following for section 17:

“Right of audience of solicitors

17. (1) Notwithstanding any other enactment or rule of law and subject to subsections (2) and (3), a solicitor who is acting for a party in an action, suit, matter or criminal proceedings in any court and a solicitor qualified to practise in the State (within the meaning of the Solicitors Acts 1954 to 2011) who is acting as his or her assistant shall have a right of audience in that court.

(2) Subsection (1) shall apply notwithstanding that a solicitor referred to in that subsection has instructed a practising barrister in the action, suit, matter or criminal proceedings concerned.

(3)

(a) Subject to paragraph (b), in the circumstances referred to in subsection (2), it shall be a matter for agreement between the solicitor and the barrister concerned, with the consent of the party referred to in subsection (1), as to whether the right of audience shall, having due regard to the best interests of the party, be—

(i) exercised by the solicitor or the barrister, or

(ii) partly exercised by the solicitor and partly exercised by the barrister.

(b) Where the solicitor and the barrister referred to in paragraph (a) fail to reach agreement, the party shall determine the legal practitioner who is to take the lead role and the manner in which the right of audience shall be exercised on his or her behalf by the legal practitioners concerned.”.

212. Barrister in employment may provide legal services to his or her employer

212. (1) A barrister whose name is entered on the roll of practising barristers in accordance with Part 9 may—

(a) take up paid employment, and

(b) as part of that employment, provide legal services to his or her employer, including by appearing on behalf of that employer in a court, tribunal or forum for arbitration.

(2) A professional body shall not, through its professional codes or otherwise, prevent or restrict a barrister who is a member of that body from working with, or otherwise doing business with, barristers providing legal services in accordance with subsection (1).

(3) In this section “employment” includes part-time employment.

213. Amendment of Courts and Court Officers Act 1995

213. The Courts and Court Officers Act 1995 is amended by substituting the following for section 49:

“49. A legal practitioner when appearing in any court shall not be required to wear a wig or a robe of the kind heretofore worn or any other wig or robe of a ceremonial type.”.

214. Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

214. Section 60 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 is amended in subsection (2) —

(a) in paragraph (d), by the insertion of the words “who is a member of the Law Library” after “barrister”, and

(b) by the insertion of the following paragraph after paragraph (d):

“(da) in the case of a designated person who is a barrister who is not a member of the Law Library, the Legal Services Regulatory Authority;”.

215. Restriction on withdrawal of legal practitioner from case where client in custody

215. (1) A legal practitioner who has accepted instructions to appear in court on behalf of a client who is in custody may not withdraw from the client’s case without obtaining permission from the court before which that client is next scheduled to appear.

(2) The court, in deciding whether to grant a legal practitioner permission to withdraw from a case under subsection (1), shall have regard to—

(a) the likely consequences of such action for the client notwithstanding that the client may have concurred in the legal practitioner’s withdrawal from the case,

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