S.I. No. 720/2005 - Solicitors (Adjudicator) (Amendment) Regulations, 2005
Statutory Instrument No.720 of 2005 | ||
SOLICITORS (ADJUDICATOR) (AMENDMENT) REGULATIONS, 2005 | ||
The Law Society of Ireland in exercise of the powers conferred on them by section 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 HEREBY MAKE the following Regulations: | ||
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Citation, construction and commencement | 1. (a) These Regulations may be cited as the Solicitors (Adjudicator (Amendment) Regulations, 2005 and shall be construed together with the Solicitors (Adjudicator) Regulations, 1997 and may be cited as the Solicitors (Adjudicator) Regulations, 1997 to 2005. | |
(b) These Regulations shall come into operation on the first day of December 2005. | ||
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Definitions | 2. (a) In these Regulations - | |
“1997 Regulations” means the Solicitors (Adjudicator) Regulations 1997 ( S.I. No. 406 of 1997 ); | ||
“Complaints and Client Relations Committee” means the committee of the Council of the Society formerly called “the Registrars Committee” and as so defined and referred to in the 1997 Regulations; | ||
“Regulation of Practice Committee” means the committee of the Council of the Society formerly called “the Compensation Fund Committee” and as so defined and referred to in the 1997 Regulations. | ||
(b) Other words and phrases in these Regulations shall have the meanings assigned to them in the 1997 Regulations and in the Solicitors Acts, 1954 to 2002. | ||
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Amendments of definitions of “Disciplinary Tribunal” and “Scheme” | 3. Regulation 2 of the 1997 Regulations is hereby amended by - | |
(i) the deletion of the definition of “the Disciplinary Tribunal” and the substitution therefor of the following: | ||
“‘Disciplinary Tribunal’ means the Solicitors Disciplinary Tribunal established pursuant to section 6 (as amended by substitution by section 16 of the Solicitors (Amendment) Act, 1994 and as further amended by section 8 of the Solicitors (Amendment) Act, 2002 ) of the Solicitors (Amendment) Act, 1960 and, where relevant, includes the Disciplinary Committee established pursuant to section 6 of the Solicitors (Amendment) Act, 1960 ;”, and | ||
(ii) the deletion of the definition of “the Scheme” and the substitution therefor of the following: | ||
“‘Scheme’ means the scheme established, maintained and funded by the Society for the receipt and the examination or investigation by the Adjudicator, pursuant to the Solicitors (Adjudicator) Regulations, 1997 to 2005, of any complaint in writing made to the Adjudicator, by or on behalf of a client of a solicitor against the Society, concerning - | ||
(1) the handling by the Society of a complaint against that solicitor made to the Society by or on behalf of that client, (which complaint to the Society is, in Regulations 7, 9 and 10, referred to as a “related complaint”), and | ||
(2) a decision of the Society relating to the making of a grant, or the refusal to make a grant, out of the Compensation Fund to that client or relating to the quantum of any such grant;”. | ||
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Amendment by substitution of Regulation 6 of the 1997 Regulations | 4. The 1997 Regulations are hereby amended by the substitution of the following for Regulation 6 thereof: | |
“3 (a) Where, by reason of illness or other physical incapacity, the Adjudicator believes that he or she is unable effectively to perform his or her functions under these Regulations for a specified duration of time, the Adjudicator may request the Society to appoint another eligible person as an acting adjudicator to administer the Scheme in place of the Adjudicator for such specified and limited duration of time as the Adjudicator and the Society deem appropriate and reasonable in the particular circumstances; and an acting adjudicator so appointed shall during such specified and limited period of his or her appointment, have all the powers of the Adjudicator in administering the Scheme and in performing the other functions of the Adjudicator as provided for in these Regulations. | ||
(b) Where the Adjudicator believes for any reason that it is not appropriate or reasonable for him or her to perform his or her functions under these Regulations effectively or at all in respect of a particular complaint or complaints made to him or her by or on behalf of a client of a solicitor as provided for in Regulation 7(a), the Adjudicator may request the Society to appoint another eligible person as an acting adjudicator to perform the functions of the Adjudicator under these Regulations in respect of the particular complaint or complaints concerned; and an acting adjudicator so appointed shall, in respect only of the particular complaint or complaints concerned, have all the powers of the Adjudicator in administering the Scheme and in performing the other functions of the Adjudicator as provided for in these Regulations. | ||
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Amendment by substitution of Regulation 7 of the 1997 Regulations | 5. The 1997 Regulations are hereby amended by the substitution of the following for Regulation 7 thereof: | |
“7. In administering the Scheme, the Adjudicator shall (subject to Regulation 9) be empowered: | ||
(a) to receive and to examine or investigate any complaint in writing made to him or her, by or on behalf of a client of a solicitor against the Society, concerning either - | ||
(i) the handling by the Society of a related complaint about that solicitor made to the Society by or on behalf of that client, or | ||
(ii) a decision of the Society relating to the making of a grant, or the refusal to make a grant, out of the Compensation Fund to that client or relating to the quantum of any such grant; | ||
(b) to require the production of documents in the possession of the Society in connection with his or her examination or investigation of a complaint in writing made to him or her; | ||
(c) to issue, concerning a complaint in writing as referred to in clause (a)(i of this Regulation, a memorandum in writing addressed to the Society and to the complainant and the solicitor concerned stating his or her conclusions of fact and his or her recommendations (if any) consequent on his or her examination or investigation of the complaint in writing so made to him or her; | ||
(d) to issue, concerning a complaint in writing as referred to in clause (a)(ii of this Regulation, a memorandum in writing addressed to the Society and to the complainant stating his or her conclusions of fact and his or her recommendations (if any) consequent on his or her examination or investigation of the complaint in writing so made to him or her; | ||
(e) to review generally the procedures of the Society concerning - | ||
(i) the receipt and the examination or investigation by the Society of complaints in writing about a solicitor made to the Society by or on behalf of a client of that solicitor, and | ||
(ii) the receipt and review of applications for and the making of decisions relating to the making of grants, or the refusal to make grants, out of the Compensation Fund to clients of solicitors or relating to the quantum of any such grants; and to make such recommendations to the Society in relation thereto as the Adjudicator deems appropriate; | ||
(f) to submit annually to the Society during the month of December a report on his or her activities during the year ending on the preceding 30 September, for onward transmission to the Minister for Justice, Equality and Law Reform, which report may include recommendations for change in his or her or in the Society's procedures concerning - | ||
(i) the receipt, examination or investigation of complaints in writing made to him or her or made to the Society, and | ||
(ii) the receipt and review of applications for and the making of decisions relating to the making of grants, or the refusal to make grants, out of the Compensation Fund to clients of solicitors or relating to the quantum of any such grants.” | ||
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Amendment by substitution of Regulation 9 of the 1997 Regulations | 6. The 1997 Regulations are hereby amended by the substitution of the following for Regulation 9 thereof: | |
“9. (a) In administering the Scheme, the Adjudicator shall not examine or investigate a complaint in writing received by him or her pursuant to Regulation 7(a)(i) in any of the following circumstances, namely: | ||
(i) where the complaint is received by him or her after the expiration of three years following the determination by the Society of the related complaint made to the Society; | ||
(ii) where the subject matter of the related complaint made to the Society about a solicitor has been or is in the course of being determined by a court or by the Disciplinary Tribunal; | ||
(iii) where the related complaint made to the Society relates to the alleged charging of excessive fees by a solicitor and the bill of costs in issue has been taxed or has been submitted to a Taxing Master of the High Court for taxation on a solicitor and own client basis; | ||
(iv) where the related complaint made to the Society about a solicitor is still in the course of being examined or investigated by the Society. | ||
(b) In administering the Scheme, the Adjudicator shall not examine or investigate a complaint in writing received by him or her pursuant to Regulation 7(a)(ii) in the following circumstances, namely: | ||
(i) where the complaint is received by him or her after the expiration of three years following the final decision by the Society relating to the grant in question, or the refusal to make a grant, out of the Compensation Fund to the complainant concerned or relating to the quantum of any such grant; | ||
(ii) where any decision made by the Society relating to the particular application for a grant by the complainant concerned is not the final decision of the Society and the application the subject matter of the complaint is still in the course of being examined and investigated by the Society.” | ||
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Amendment by substitution of Regulation 10 of the 1997 Regulations | 7. The 1997 Regulations are hereby amended by the substitution of the following for Regulation 10 thereof: | |
“10. (a) Where the adjudicator has completed his or her examination or investigation of a complaint in writing received by him or her pursuant to Regulation 7(a)(i), the Adjudicator may issue a memorandum in writing addressed to the Society and to the complainant and the solicitor concerned: | ||
(i) directing the Society to re-examine or re-investigate the related complaint made to the Society about a solicitor, where he or she is not satisfied that the Society have investigated the related complaint adequately; or | ||
(ii) directing the Society to make application to the Disciplinary Tribunal for an inquiry into the conduct of the solicitor concerned on the ground of alleged misconduct; or | ||
(iii) rejecting the complaint. | ||
(b) Where the Adjudicator has completed his or her examination or investigation of a complaint in writing received by him or her pursuant to Regulation 7(a)(ii), the Adjudicator may issue a memorandum in writing addressed to the Society and to the complainant. | ||
(i) directing the Society to re-examine or re-investigate the final decision by the Society relating to the grant in question, or the refusal to make a grant, out of the Compensation Fund to the complainant concerned or relating to the quantum of any such grant, where he or she is not satisfied that the Society have investigated the application for a grant adequately; or | ||
(ii) rejecting the complaint.” | ||
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Amendment by substitution of Regulation 11 of the 1997 Regulations | 8. The 1997 Regulations are hereby amended by the substitution of the following for Regulation 11 thereof: | |
“11. (a) The Society shall, as soon as practicable after receipt by the Society of a direction by the Adjudicator under Regulation 10(a)(i) or (ii), notify, in writing, the Adjudicator and the complainant and the solicitor concerned of the action the Society proposes to take pursuant to such direction. | ||
(b) The Society shall, as soon as practicable after receipt by the Society of a direction by the Adjudicator under Regulation 10(b)(i), notify, in writing, the Adjudicator and the complainant of the action the Society proposes to take pursuant to such direction. | ||
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Amendment of Regulation 12 of the 1997 Regulations | 9. Regulation 12 of the 1997 Regulations is hereby amended by - | |
(i) the deletion of clause (c) thereof and the substitution therefor of the following: | ||
“(c) to have access to all employees of the Society concerned with - | ||
(i) the receipt and the examination or investigation and the attempted resolution of complaints made to the Society by or on behalf of clients of solicitors against their solicitors, and | ||
(ii) the receipt and review of applications made by clients of solicitors for grants out of the Compensation Fund”, | ||
(ii) the deletion of clause (d) thereof and the substitution therefor of the following: | ||
“(d) to attend meetings of the Complaints and Client Relations Committee and the Regulation of Practice Committee or any divisions of same.” | ||
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Amendment by substitution of Regulation 14(b) of the 1997 Regulations | 10. Regulation 14 of the 1997 Regulations is hereby amended by the substitution of the following for clause (b) thereof: | |
“(b) Where the Adjudicator decides pursuant to clause (a) of this Regulation not to examine or investigate a complaint in writing made by him or her or to discontinue his or her examination or investigation of a complaint in writing, the Adjudicator shall by memorandum in writing notify - | ||
(i) the Society and the complainant and the solicitor concerned where the complaint concerns the handling by the Society of a related complaint about the solicitor made to the Society by or on behalf of the complainant; or | ||
(ii) the Society and the complainant where the complaint concerns a decision by the Society relating to the making of a grant, or the refusal to make a grant, out of the Compensation Fund to the complainant or relating to the quantum of any such grant. | ||
of that decision and the reasons for that decision.” | ||
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Amendment of Regulation 15 of the 1997 Regulations | 11. Regulation 15 of the 1997 Regulations is hereby amended by the substitution of “Regulation 7(f)” for “Regulation 7(e)”. | |
Dated this 15th day of November 2005 | ||
Signed on behalf of the Law Society of Ireland pursuant to section 79 of the Solicitors Act, 1954 : | ||
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Michael G. Irvine | ||
President of the Law Society of Ireland | ||
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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 amend the Solicitors (Adjudicator) Regulations, 1997 in order to provide for the Adjudicator's functions extending to the receiving and examining of complaints by clients of solicitors concerning decisions of the Society relating to the making of a grant, or the refusal to make a grant, out of the Compensation Fund to clients of solicitors or relating to the quantum of any such grants. |
