S.I. No. 690/2021 - Registered European Lawyers Qualifying Certificate (Application Fee) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 17th December, 2021.

The Law Society of Ireland, in exercise of the powers conferred on the Society by the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No.732 of 2003 ), Section 47 of the Solicitors Act 1954 (as substituted by Section 54 of the Solicitors (Amendment) Act 1994 ), Section 82 of the Solicitors Act 1954 , Section 22 of the Solicitors (Amendment) Act 1960 (as substituted by Section 30 of the Solicitors (Amendment) Act 1994 ) and Regulation 9(c) of the Registered European Lawyers’ Qualifying Certificate Regulations 2020 hereby make the following Regulations:

1. Citation and Commencement

(a) These Regulations may be cited as the Registered European Lawyers Qualifying Certificate (Application Fee) Regulations 2021.

(b) These Regulations shall apply in respect of the 2022 practice year.

2. Definitions

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

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

“Act of 2015” means the Legal Services Regulation Act 2015 (No. 65 of 2015);

“application” means the application in accordance with Regulation 8 of the 2003 Regulations and the 2020 Regulations delivered to the Registrar by an applicant registered lawyer for a qualifying certificate, pursuant to these Regulations and shall include a completed Qualifying Certificate Application Form, full application fee and any information required to be provided to the Society pursuant to these Regulations;

“application fee” means the total amount of fees payable in respect of any application for a qualifying certificate under the 2003 Regulations and the 2020 Regulations, as set by the Society from time to time and includes where appropriate and applicable, the registration fee, the contribution to the Compensation Fund pursuant to Section 22 of the Act of 1960, the contribution in respect of the Authority’s Levy Fund under the Act of 2015, and other fees specified by the Schedule of these Regulations, and shall, where applicable, mean the fees payable under these Regulations;

“Lawyers’ Establishment Directive” means Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 (as amended).

“qualifying certificate” has the meaning assigned to it by the 2003 Regulations;

“2003 Regulations” means the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No.732 of 2003 ) as amended by the European Communities (Lawyers’ Establishment) (Amendment) Regulations 2004 ( S.I. No.752 of 2004 , S.I. No.96 of 2008 and S.I. No.46 of 2015 ).

“2020 Regulations” means the Registered European Lawyers’ Qualifying Certificate Regulations 2020.

“2022 practice year” means the calendar year commencing on 1 January 2022 and ending on 31 December 2022;

(b) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts 1954 - 2015, the Act of 2015, the Lawyers’ Establishment Directive, the 2003 Regulations or the 2020 Regulations where the context so permits.

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

3. The Application Fee

The application fee specified in the Schedule hereto shall be payable in respect of applications for qualifying certificates for the 2022 practice year.

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

Dated this 10^th day of December 2021.

MICHELLE NÍ LONGÁIN

President of the Law Society of Ireland

SCHEDULE

within referred to