S.I. No. 231/1970 - Solicitors' Accounts (Amendment No. 3) Regulations, 1970.

S.I. No. 231 of 1970.

SOLICITORS' ACCOUNTS (AMENDMENT No. 3) REGULATIONS, 1970.

The Incorporated Law Society of Ireland in exercise of the powers conferred on them by Sections 4 , 5 , 66 and 71 of the Solicitors Act 1954 and of every other power thereunto them enabling and with the concurrence of the President of the High Court hereby make the following regulations.

1. These regulations may be cited as the Solicitors' Accounts (Amendment No. 3) Regulations, 1970.

2. In these regulations the term "the Principal Regulations" mean the Solicitors' Accounts Regulations, 1967 ( S.I. No. 44 of 1967 ).

3. ( a ) These regulations shall be read as one with the Principal Regulations and the Solicitors' Accounts (Amendment) Regulations, 1970 ( S.I. No. 94 of 1970 ) and the Solicitors' Accounts (Amendment No. 2) Regulations, 1970 ( S.I. No. 107 of 1970 ) and shall, as far as they are inconsistent therewith alter and amend the same.

( b ) The Solicitors' Accounts (Amendment No. 2) Regulations 1970) are hereby revoked.

( c ) The Principal Regulations and the Solicitors' Accounts (Amendment) Regulations, 1970 may be cited collectively, with these Regulations as the Solicitors' Accounts Regulations, 1967-70.

4. These regulations will come into operation on the 26th day of September, 1970.

5. Paragraph 2, subparagraph (1) of the Principal Regulations is hereby amended by substituting for the definition of "accountant" the following definition:—

"accountant" means (a) a person approved by the Council who is a member of either the Institute of Chartered Accountants in Ireland or the Association of Certified and Corporate Accountants; (b) any other person approved by the Council who is considered by the Council to have adequate qualifications or experience in the auditing of accounts and where the context so admits or requires, includes a firm of accountants.

6. Paragraph 16 of the Principal Regulations is hereby deleted and the following paragraph is substituted therefor:—

The Council may at any time in their absolute discretion withdraw approval of an accountant and may thereafter refuse to accept accountant's certificates prepared by such accountant either generally or in any particular case. Notification of such withdrawal shall be sent by the Council to the accountant and to any solicitor affected by it but no reason need be assigned by the Society or the Council for the withdrawal of such approval.

7. Paragraph 20 of the Principal Regulations is hereby deleted and the following paragraph is substituted therefor:—

20 (1) In order to ascertain whether these regulations have been complied with the Council, acting either on their own motion or on a written complaint lodged with them,

( a ) may require any solicitor

(i) to nominate an accountant for approval by the Council within seven days from the date of notice of such requirement and, subject to such approval,

(ii) to appoint such accountant for the purposes hereinafter mentioned,

or

( b ) may themselves approve and appoint an accountant for such purposes.

(2) Where a solicitor nominates an accountant and the accountant is approved by the Council or where the Council approve and appoint an accountant, the solicitor shall produce at a time and place appointed by the Council his books of account, bank statements or pass books, statements of account, vouchers, files and any other necessary documents, including accounting statements prepared under paragraph 18 hereof, for the inspection of the accountant and shall afford to such accountant all other facilities which the accountant may consider necessary for completing an inspection and report to the Council on the result of the investigation. Subject to the provisions of the next succeeding sub-paragraph of this paragraph the solicitor shall be responsible for the costs and expenses of such inspection and report save where the Council themselves approve and appoint an accountant for the said purposes.

(3) Before instituting an inspection on a written complaint lodged with them the Council may require the payment by the person lodging the complaint of a reasonable sum to be fixed by the Council to cover the costs and expenses of the inspection and of the solicitor against whom the complaint is made. The Council, in any case they think proper, may apply the said sum or any part thereof, in payment or part payment of the cost and expenses of the inspection and of the solicitor against whom the complaint is made and any sum not so applied shall be refunded to the person lodging the same.

(4) In this paragraph the term "accountant" includes any authorised representative of the accountant.

(5) The Council may at any time terminate the authority of an accountant and appoint another to carry on or complete an investigation and report.

8. Paragraph 4 of the Principal Regulations is hereby deleted and the following paragraph is substituted therefor:—

4 (1) A solicitor who receives client's money shall, without unnecessary delay pay such money into a client account unless such money:—

( a ) is received in the form of cash and is paid in cash without unnecessary delay to the client or on his behalf or,

( b ) is received in the form of a cheque or draft or other negotiable instrument which is endorsed over without unnecessary delay to the client or on his behalf or,

( c ) is paid without unnecessary delay into a separate banking account in the name of the client or some person named by the client or,

( d ) is money which the client has directed the solicitor to deal with otherwise or,

( e ) is money which the Council, upon application made to them by the solicitor, have specifically authorised in writing to be withheld from a client account.

(2) There may also be paid into a client account:—

( a ) such money belonging to the solicitor as may be necessary for the purpose of opening or maintaining the account or required to ensure compliance with the foregoing provisions of this paragraph (including money of the solicitor paid in to make good any previous default of the solicitor in failing to pay in to such account any sums which should have been paid in by him in accordance with the foregoing provisions of this paragraph),

( b ) money to replace any sum which for any reason may have been withdrawn from the account in breach of any of the provisions of these regulations,

( c ) other money belonging to the solicitor provided that the amount already standing in the client account is sufficient to satisfy all claims in respect of monies that should have been paid into the said account pursuant to the provisions of these regulations.

Dated this 26th day of September, 1970.

Signed on behalf of the Incorporated Law Society of Ireland.

ERIC A. PLUNKETT,

Secretary,

The Incorporated Law Society of Ireland.

I concur in the making of the above regulations.

ANDRIAS Ó CAOIMH,

President of the High Court.

EXPLANATORY NOTE.

These regulations

( a ) amend the definition of accountant in the Principal Regulations,

( b ) strengthen the power of the Society to withdraw approval from an accountant and to refuse to accept further accountants' certificates from him,

( c ) declare that a solicitor is responsible for the expenses of an investigation of his accounts except where the Council themselves appoint and approve an accountant for that purpose,

( d ) declare for the removal of any doubts, that a solicitor may pay into a client account moneys of his own with the proviso that the amount standing to the credit of the client account at all times must be sufficient to satisfy all clients' claims.