S.I. No. 196/2021 - Rules of the Superior Courts (Regulation of Legal Services) 2021

1. In this Order

“

Law Society

” means the Law Society of Ireland;

“

President

” means the President of the High Court, provided that a reference to the President shall, where the function or power in question stands delegated under section 6 (as amended by section 5 of and the First Schedule to the

Solicitors (Amendment) Act 1960

and as varied by

section 25

of the

Solicitors (Amendment) Act 1960

) of the

Solicitors Act 1954

, or under

section 13

of the

Solicitors (Amendment) Act 1960

, to an ordinary judge of the High Court, be construed as a reference to such judge;

“

Registrar of Solicitors

” means the registrar of solicitors or his or her deputy appointed under

section 8

of the

Solicitors Act 1954

;

“

roll of solicitors

” means the roll of solicitors maintained by the Registrar of Solicitors under section 9 (as substituted by

section 65

of the

Solicitors (Amendment) Act 1994

) of the

Solicitors Act 1954

.

2. Every person desiring to apply to be admitted by the President, and to be enrolled, as a solicitor may do so by duly applying to the Registrar of Solicitors to that effect and paying the prescribed fees.

3. An attested copy of every order made by the Court under the Act of 2015 shall, insofar as any such order relates to the functions of the Legal Practitioners Disciplinary Tribunal under the Act of 2015, (as soon as practicable after receipt thereof by the Authority)

(a) where the Authority is party to the proceedings before the Court, be provided by the Authority to the Tribunal Registrar;

(b) in any other case, be provided by the Court registrar to the Tribunal Registrar.

II. Recommendation of the Legal Practitioners Disciplinary Tribunal under section 82(2) of the Act of 2015

4. If it shall appear to the Court at any stage that any other person to whom notice has not been given ought to have had such notice, the Court may adjourn the hearing thereof in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose.

5. Unless the Court gives leave to the contrary, there must be at least 10 clear days between the service of the notice and the day named therein for the hearing of the motion.

6.(1) Unless the Court otherwise directs, evidence at the hearing of a motion brought under rule 2 shall be given by affidavit.

(2) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit used in opposition to the application shall be filed in the Central Office by the respondent or any notice party within 21 days of the service of the applicant’s affidavit and the respondent or notice party, as the case may be, must within such period serve a copy of any such affidavit intended to be used by it on the applicant.”

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation.

)

The Rules amend Order 53 and insert new Orders 53A, 53B, 53C, 53D and 53E to facilitate the regulatory regime for legal practitioners introduced by the Legal Services Regulatory Act 2015

9. An application to the Court by an inspector under section 40 of the Act of 2015 for an order authorising that inspector, accompanied by such other inspectors or members of the Garda Síochána as may be necessary, to exercise his or her powers under paragraphs (d), (f) or (g) of section 39(1) of the Act of 2015 shall be made

ex parte

grounded on an information on oath and in writing of the inspector.

Order 53E

Appeals under the European Communities (Lawyers’ Establishment Regulations 2003)

1.(1) In this Order

“

2003 Regulations

” means the European Communities (Lawyers’ Establishment) Regulations 2003 (as amended).

(2) Other words and phrases shall, where applicable, have the meanings assigned to them in the 2003 Regulations.

2.(1) An appeal by a lawyer against a decision made by a competent authority under Regulation 6(3)(c) of the 2003 Regulations shall be brought by notice of motion, which motion shall, save where the Court gives leave for it to be brought later, be brought within a period of 42 days from the date upon which the decision is communicated in writing to the lawyer pursuant to Regulation 6(3)(c) of the 2003 Regulations.

(2) An appeal by a lawyer against a decision deemed to have been made by a competent authority under Regulation 6(3)(d) of the 2003 Regulations shall be brought by notice of motion, which motion shall, save where the Court gives leave for it to be brought later, be brought within a period of 42 days from the date upon which the competent authority is deemed to have rejected the lawyer’s application pursuant to Regulation 6(3)(d) of the 2003 Regulations.

3.(1) A notice of motion brought under rule 2 shall be served, as appropriate, on

(a) the Honorary Secretary of the Bar Council, where the competent authority whose decision or deemed decision is appealed against is the Bar Council, or

(b) the Registrar of Solicitors where the competent authority whose decision or deemed decision is appealed against is the Law Society.

(2) The said notice of motion shall be entitled in the matter of the European Communities (Lawyers’ Establishment) Regulations 2003 and 2004 on the application of the lawyer bringing the appeal. The notice of motion shall state the relief sought; the name and place of residence or address for service of the lawyer seeking relief, and the date upon which it is proposed to apply to the Court for relief and shall be filed in the Central Office.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

30

th April,

2021.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act 1924

, section 36, the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

, section 48), the

Solicitors (Amendment) Act, 1960

, section 25(2), the

Courts (Supplemental Provisions) Act 1961

, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 23

rd

day of September 2020.

Frank Clarke (Chairperson)

George Birmingham

Mary Irvine

Elizabeth Dunne

John A. Edwards

Brian R. Murray

Deirdre Murphy

Richard Humphreys

Gráinne Larkin

Stuart Gilhooly

Liam Kennedy

James Finn

Mary Cummins

John Mahon

I concur in the making of the following Rules of Court.

Dated this 23rd day of April 2021.

HELEN MCENTEE

Minister for Justice