Legal Services Ombudsman Act 2009

Interpretation.

2.— In this Act, unless the context otherwise requires—

“Bar Council” means the General Council of the Bar of Ireland;

“barrister” includes a pupil as defined in the Disciplinary Code and a registered lawyer within the meaning of the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ) who is pursuing the professional activities of a barrister in the State, but does not include a visiting lawyer within the meaning of the European Communities (Freedom to Provide Services) (Lawyers) Regulations 1979 ( S.I. No. 58 of 1979 ) who is pursuing the professional activities of a barrister in the State;

“Barristers’ Professional Conduct Tribunal” means the body of that name constituted in accordance with the Disciplinary Code;

“Code of Conduct” means the Code of Conduct for the Bar of Ireland;

“Compensation Fund” means the fund maintained by the Law Society pursuant to section 21 (inserted by section 29 of the Solicitors (Amendment) Act 1994 ) of the Solicitors (Amendment) Act 1960 ;

“complainant” means a person who makes a complaint on the person’s own behalf or on behalf of another person;

“complaint” means a complaint made to the Legal Services Ombudsman under subsection (1), (2) or (3) of section 21 ;

“Disciplinary Code” means the Disciplinary Code for the Bar of Ireland;

“financial year” means—

(a) the period from the date of commencement of section 4 to 31 December next following that date, and

(b) thereafter every period of 12 months ending on 31 December;

“grant” means a grant under subsection (4) of section 21 (inserted by section 29 of the Solicitors (Amendment) Act 1994 ) of the Solicitors (Amendment) Act 1960 out of the Compensation Fund;

“Law Society” means the Law Society of Ireland;

“levy assessment notice” shall be construed in accordance with section 19 ;

“local authority” has the same meaning as it has in the Local Government Act 2001;

“Minister” means the Minister for Justice, Equality and Law Reform;

“misconduct”—

(a) in relation to a complaint against a barrister, has the same meaning as in the Disciplinary Code as construed in conjunction with the Code of Conduct, and

(b) in relation to a complaint against a solicitor, has the same meaning as in section 3 (amended by section 7 of the Solicitors (Amendment) Act 2002 ) of the Solicitors (Amendment) Act 1960 ,

and in either case includes alleged misconduct;

“ professional body ” means the Bar Council or the Law Society;

“ Professional Conduct Appeals Board ” means the body of that name constituted in accordance with the Disciplinary Code;

“related complaint”, in relation to a complaint (in this definition referred to as the “complaint to the Legal Services Ombudsman”), means—

(a) the complaint to the Bar Council referred to in section 21 (1) the handling of which by the Barristers Professional Conduct Tribunal or, in the case of an appeal against a decision of the Tribunal in respect of the complaint, the Professional Conduct Appeals Board, is the ground for the making of the complaint to the Legal Services Ombudsman, or

(b) the complaint to the Law Society referred to in section 21 (2) the handling of which by the Law Society is the ground for the making of the complaint to the Legal Services Ombudsman;

“ solicitor ” includes a registered lawyer within the meaning of the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ) who is pursuing the professional activities of a solicitor in the State, but does not include—

(a) an apprentice solicitor, or

(b) a visiting lawyer within the meaning of the European Communities (Freedom to Provide Services) (Lawyers) Regulations 1979 ( S.I. No. 58 of 1979 ) who is pursuing the professional activities of a solicitor in the State;

“Solicitors Disciplinary Tribunal” means the Solicitors Disciplinary Tribunal established by section 6(1) (inserted by section 8 of the Solicitors (Amendment) Act 2002 ) of the Solicitors (Amendment) Act 1960 .