Legal Services Ombudsman Act 2009

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PART 3

Imposition of Levy on Professional Bodies to Cover Approved Expenses of Legal Services Ombudsman

Levy to be paid by Bar Council and Law Society.

19.— (1) The Bar Council and the Law Society shall pay to the Minister, in each financial year beginning on 1 January, a levy in the amount determined in accordance with this section.

(2) The Minister may, with the consent of the Minister for Finance, determine for the purposes of this section the amount of the operating costs and administrative expenses of the Legal Services Ombudsman that are properly incurred under this Act (in this section referred to as “ approved expenses ”).

(3) Approved expenses shall include—

(a) the remuneration (including allowances for expenses, benefits in kind and superannuation benefits) of the Legal Services Ombudsman,

(b) the remuneration (including allowances for expenses and superannuation benefits) of the members of the Ombudsman’s staff,

(c) any superannuation contributions paid in respect of the Ombudsman or members of the Ombudsman’s staff out of moneys provided by the Oireachtas,

(d) fees due to advisers and consultants engaged under section 11 (4), and

(e) the cost of office premises.

(4) The amount of the levy payable in each financial year shall be the amount expended by the Legal Services Ombudsman in the preceding financial year in respect of approved expenses, and the liability for payment of that amount shall be as follows:

(a) 10 per cent of that amount shall be paid by the Bar Council;

(b) 10 per cent of that amount shall be paid by the Law Society; and

(c) subject to section 20 (2), the remaining 80 per cent of that amount shall be paid pro rata by the Bar Council and the Law Society according to the number of complaints made in relation to barristers in the preceding financial year and the number of complaints made in relation to solicitors in the preceding financial year.

(5) As soon as practicable after the beginning of each financial year, the Minister shall provide the Bar Council and the Law Society with a notice (in this Act referred to as a “levy assessment notice”) specifying—

(a) the amount of money expended by the Legal Services Ombudsman in the preceding financial year in respect of approved expenses,

(b) subject to section 20 (2), the number (determined in accordance with regulations (if any) under section 20 ) of complaints made in relation to barristers in the preceding financial year and the number of complaints made in relation to solicitors in the preceding financial year,

(c) the amount of levy payable by the professional body concerned, and

(d) the date (determined in accordance with regulations under section 20 ) on which the levy becomes payable.

(6) If all or part of the amount specified in a levy assessment notice is not paid on or before the date specified in that notice, interest on the unpaid amount accrues, from that date to the date of payment, calculated at the rate provided for in regulations under section 20 .

(7) Subject to subsection (8), the Minister may recover, as a simple contract debt in any court of competent jurisdiction, from the professional body concerned, any amount due and owing by it in respect of the levy imposed by this section.

(8) For the purposes of subsection (7), where the professional body concerned is the Bar Council, proceedings may be brought against the Chairman of the Bar Council, in a representative capacity, on behalf of the Bar Council, and if in those proceedings the Minister obtains a judgement, order or decree for any amount due and owing by the Bar Council, any assets held by or on behalf of or for the benefit of the Bar Council may be used or otherwise applied towards satisfying all or any of the claims under the judgement, order or decree, as the case may be.

(9) In this section, “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.