Solicitors (Amendment) Act, 1994

Amendment of section 58 of Principal Act.

77.—Section 58 of the Principal Act is hereby amended—

(a) by the insertion of the following subsection for subsection (2):

“(2) An unqualified person who does any act to which this section applies shall, subject to subsection (3) of this section and without prejudice to any other liability or disability to which he may be subject, be guilty of an offence under this section and shall be liable—

(a) on summary conviction thereof, to a fine not exceeding £1,500, or

(b) on conviction thereof on indictment, to a fine not exceeding £10,000.”,

(b) by the insertion of the following paragraph in subsection (3):

“(h) an act done by a lawyer to whom Council Directive No. 77/249/EEC of 22 March, 1977 (1) (as adapted by the Acts concerning the Conditions of Accession of Greece, Spain and Portugal, to the Treaties establishing the European Communities) and any instrument which may amend or replace that Directive applies by way of provision of legal services within the limits and under the conditions laid down in that Directive (or such instrument), other than the preparation of a formal document for obtaining title to administer the estate of a deceased person and the drafting of a formal document creating or transferring an interest in land.”,

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

“(b) (i) an act done by a barrister practising in the State,

(ii) an act done by a barrister employed full-time in the State, in the provision of conveyancing services within the meaning of section 56 (4) of the Solicitors (Amendment) Act, 1994, for his employer, provided that such employer is not a solicitor,”.

(1)O.J. No. L78, 26.3.1977