Legal Services Ombudsman Act 2009

Regulations relating to levy.

20.— (1) The Minister may, by regulations, provide for all or any of the following matters relating to the levy under section 19 :

(a) subject to subsection (2), the manner in which the number of complaints made in relation to barristers and the number of complaints made in relation to solicitors is to be determined for the purposes of that section;

(b) the date on which payment of the levy becomes due;

(c) the keeping by the Legal Services Ombudsman of specified records in respect of matters connected with the liability to pay the levy;

(d) the review by the Minister of a levy assessment notice that is claimed by the professional body concerned to be erroneous;

(e) the time within which a request for such review shall be made and the conditions to be satisfied by the professional body concerned before such a request can be acceded to;

(f) the manner in which the amount of any overpayment or underpayment made by the professional body concerned in respect of the levy may be set off against or added to any subsequent liability of that body to the Minister in respect of the levy;

(g) the collection and recovery of the levy;

(h) the rate of interest on amounts not paid when due;

(i) such other matters as are necessary for, or incidental to, the imposition, payment and collection of the levy.

(2) The determination for the purposes of section 19 of the number of complaints made in relation to barristers and the number of complaints made in relation to solicitors shall exclude any complaint which the Legal Services Ombudsman has decided under section 22 (4) either not to investigate or to discontinue an investigation thereof.

(3) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.