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S.I. No. 111/2006 - Solicitors Accounts (Amendment) Regulations, 2006

STATUTORY INSTRUMENT

S.I. No. 111 of 2006

Solicitors Accounts (Amendment) Regulations, 2006

Statutory Instrument No. 111 of 2006

SOLICITORS ACCOUNTS (AMENDMENT) REGULATIONS, 2006

The Law Society of Ireland in exercise of the powers conferred on them by sections 4, 5, 66 (as substituted by section 76 of the Solicitors (Amendment) Act, 1994 ), 71 (as amended by section 69 of the Solicitors (Amendment) Act, 1994 and section 4 of the Solicitors (Amendment) Act, 2002 ) of the Solicitors Act, 1954 and section 68 of the Solicitors (Amendment) Act, 1994 and of every other power enabling them and with the concurrence of the President of the High Court HEREBY MAKE the following Regulations:

Citation, construction and commencement

1.      (1)          These Regulations may be cited as the Solicitors Accounts (Amendment) Regulations, 2006 and shall be construed together with and in accordance with the Solicitors Accounts Regulations, 2001 ( S.I. No. 421 of 2001 ) as amended by the Solicitors Accounts (Amendment) Regulations, 2005 ( S.I. No 719 of 2005 ) and with the provisions of section 66 (as substituted by section 76 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 and section 68 of the Solicitors (Amendment) Act, 1994 and may be cited as the Solicitors Accounts Regulations, 2001 to 2006.

(2)          These Regulations shall come into operation on the first day of March 2006.

Definitions

2.      (1)          In these Regulations:

“2001 Regulations” means the Solicitors Accounts Regulations, 2001 ( S.I. No. 421 of 2001 );

“2005 amending Regulations” means the Solicitors Accounts (Amendment) Regulations, 2005 ( S.I. No 719 of 2005 ).

(2)          Other words and phrases in these Regulations shall, where applicable, have the meanings assigned to them in the Solicitors Acts, 1954 to 2002 and in the 2001 Regulations and the 2005 amending Regulations.

Amendment of Regulation 28 of the 2001 Regulations

3.       Regulation 28 of the 2001 Regulations is hereby amended by the insertion of the following clause after clause (4) thereof:

“(4A)      The Society's functions under these Regulations as referred to in clause (1) of this Regulation shall include the investigating by an authorised person whether there has been due compliance by a solicitor with the provisions of section 68 of the Act of 1994”.

Dated this 28 day of February 2006

Signed on behalf of the Law Society of Ireland pursuant to section 79 of the Solicitors Act, 1954 :

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Michael Irvine

President of the Law Society of Ireland

I concur, pursuant to subsection (1) of section 66 (as substituted by section 76 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 , to the making of the within Regulations.

Dated this 28 day of February 2006

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Joseph Finnegan

President of the High Court

EXPLANATORY NOTE

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

The principal purpose of the Instrument is:

▪     to provide, for the avoidance of any possible doubt, that the investigation of solicitors practices by the Society pursuant to the Solicitors Accounts Regulations, 2001 to 2005 includes the investigating whether there has been due compliance with section 68 of the Solicitors (Amendment) Act, 1994 (relating to charges to clients).