S.I. No. 604/2010 - The Solicitors Acts 1954 to 2008 (Sixth Schedule) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st December, 2010.

THE LAW SOCIETY OF IRELAND in exercise of its powers conferred on it by section 66 of the Solicitors (Amendment) Act 1994 HEREBY MAKE the following Regulations:

Citation and commencement

1. (a) These Regulations may be cited as The Solicitors Acts 1954 to 2008 (Sixth Schedule) Regulations 2011.

(b) These Regulations shall come into operation on the first day of February 2011.

Definitions

2. (a) In these Regulations, unless the context otherwise requires:

“Act of 1954” means the Solicitors Act 1954 [No. 35 of 1954];

“Act of 1960” means the Solicitors (Amendment) Act 1960 [No. 37 of 1960];

“Act of 1994” means the Solicitors (Amendment) Act 1994 [No. 27 of 1994];

“archived records” means records of the Society maintained at premises not occupied by the Society as offices;

“certificate of good standing” means a certificate in writing issued by the Society which includes a confirmation that as at the date of the certificate a search of the Society’s records in relation to discipline discloses no orders of findings of misconduct or reprimands to the discredit of a named solicitor or solicitors;

“certificate of standing” means a certificate in writing issued by the Society which includes a confirmation that as at the date of the certificate a search of the Society’s records in relation to discipline discloses no orders of findings of misconduct or reprimands to the discredit of a named solicitor or solicitors except for one or more specified matters referred to in the certificate;

“prescribed” means prescribed by regulations made by the Society;

“Society” means the Law Society of Ireland.

(b) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts 1954 to 2008.

(c) The Interpretation Act 2005 applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

Statutory Context

3. (a) Section 82 (as amended by section 25 of the Act of 1960) of the Act of 1954 and the Sixth Schedule to the Act of 1954 provides for applications to the Society for which fees may be prescribed.

(b) Section 66 of the Act of 1994 provides that the Sixth Schedule to the Act of 1954 may be amended from time to time by the inclusion of such additional applications as may be prescribed with the concurrence of the President of the High Court.

Amendment to Sixth Schedule to the Act of 1954

4. The Sixth Schedule to the Act of 1954 is hereby amended by the addition after application number 8 therein of the following:

“9.Application for a certificate of good standing or a certificate of standing.

10. Application for details of any indemnity insurance maintained by a solicitor or firm of solicitors pursuant to section 26 of the Solicitors (Amendment) Act 1994 and regulations made thereunder.

11. Application for a duplicate practising certificate.

12. Application for information relating to a solicitor or firm of solicitors which requires a search in archived records.”

/images/ls

Signed on behalf of the Law Society of Ireland pursuant to Section 79 of the Solicitors Act 1954 .

15 December 2010.

JOHN E. COSTELLO,

President of the Law Society of Ireland.

/images/ls

Pursuant to the provision of Section 66 of the Solicitors (Amendment) Act 1994 , I concur in the making of the within Regulations.

15 December 2010.

NICHOLAS KEARNS,

President of the High Court.