First Previous (PART VI Practising Certificates and Practice)

27 1994

SOLICITORS (AMENDMENT) ACT, 1994

PART VII

Miscellaneous Provisions

Roll of solicitors (section 9 of Principal Act).

65. —The Principal Act is hereby amended by the substitution of the following section for section 9:

Roll of solicitors.

9.—(1) The registrar shall maintain a roll of solicitors (in this Act referred to as ‘the roll’).

(2) The roll, which may be kept in an electronic or such other non-written form as is considered appropriate by the Society, shall be available for inspection during office hours without payment by any person who applies to inspect it.

(3) If the roll is kept in an electronic or other non-written form, the Society may comply with its obligation to have the roll available for inspection under subsection (2) of this section by making any relevant entry available in written form for inspection in accordance with the said subsection (2).”.

Fees for applications to Society.

66. —The Sixth Schedule to the Principal Act may be amended from time to time by the inclusion of such additional applications as may be prescribed with the concurrence of the President of the High Court.

Register of solicitors prepared to act in certain cases.

67. —(1) The Society shall establish and maintain a register of solicitors who have indicated to the Society that they are willing to provide legal services to any person who is unable to obtain the services of a solicitor to act for him in civil proceedings against another solicitor, arising from the conduct of that other solicitor while acting for that person.

(2) The Society shall make available information included in any register maintained under subsection (1) of this section to any person requesting such information, and shall take all reasonable measures to assist any person to obtain the services of a solicitor for the purposes of subsection (1) of this section.

Charges to clients.

68. —(1) On the taking of instructions to provide legal services to a client, or as soon as is practicable thereafter, a solicitor shall provide the client with particulars in writing of—

(a) the actual charges, or

(b) where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or

(c) where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made,

by that solicitor or his firm for the provision of such legal services and, where those legal services involve contentious business, with particulars in writing of the circumstances in which the client may be required to pay costs to any other party or parties and the circumstances, if any, in which the client's liability to meet the charges which will be made by the solicitor of that client for those services will not be fully discharged by the amount, if any, of the costs recovered in the contentious business from any other party or parties (or any insurers of such party or parties).

(2) A solicitor shall not act for a client in connection with any contentious business (not being in connection with proceedings seeking only to recover a debt or liquidated demand) on the basis that all or any part of the charges to the client are to be calculated as a specified percentage or proportion of any damages or other moneys that may be or may become payable to the client, and any charges made in contravention of this subsection shall be unenforceable in any action taken against that client to recover such charges.

(3) A solicitor shall not deduct or appropriate any amount in respect of all or any part of his charges from the amount of any damages or other moneys that become payable to a client of that solicitor arising out of any contentious business carried out on behalf of that client by that solicitor.

(4) Subsection (3) of this section shall not operate to prevent a solicitor from agreeing with a client at any time that an amount on account of charges shall be paid to him out of any damages or other moneys that may be or may become payable to that client arising out of any contentious business carried out on behalf of that client by that solicitor or his firm.

(5) Any agreement under subsection (4) of this section shall not be enforceable against a client of a solicitor unless such agreement is in writing and includes an estimate (as near as may be) of what the solicitor reasonably believes might be recoverable from any other party or parties (or any insurers of such party or parties) in respect of that solicitor's charges in the event of that client recovering any damages or other moneys arising out of such contentious business.

(6) Notwithstanding any other legal provision to that effect a solicitor shall show on a bill of costs to be furnished to the client, as soon as practicable after the conclusion of any contentious business carried out by him on behalf of that client—

(a) a summary of the legal services provided to the client in connection with such contentious business,

(b) the total amount of damages or other moneys recovered by the client arising out of such contentious business, and

(c) details of all or any part of the charges which have been recovered by that solicitor on behalf of that client from any other party or parties (or any insurers of such party or parties),

and that bill of costs shall show separately the amounts in respect of fees, outlays, disbursements and expenses incurred or arising in connection with the provision of such legal services.

(7) Nothing in this section shall prevent any person from exercising any existing right in law to require a solicitor to submit a bill of costs for taxation, whether on a party and party basis or on a solicitor and own client basis, or shall limit the rights of any person or the Society under section 9 of this Act.

(8) Where a solicitor has issued a bill of costs to a client in respect of the provision of legal services and the client disputes the amount (or any part thereof) of that bill of costs, the solicitor shall—

(a) take all appropriate steps to resolve the matter by agreement with the client, and

(b) inform the client in writing of—

(i) the client's right to require the solicitor to submit the bill of costs or any part thereof to a Taxing Master of the High Court for taxation on a solicitor and own client basis, and

(ii) the client's right to make a complaint to the Society under section 9 of this Act that he has been issued with a bill of costs that he claims to be excessive.

(9) In this section “charges” includes fees, outlays, disbursements and expenses.

(10) The provisions of this section shall apply notwithstanding the provisions of the Attorneys and Solicitors (Ireland) Act, 1849 and the Attorneys and Solicitors Act, 1870.

Amendment of section 71 of Principal Act.

69. —Section 71 of the Principal Act is hereby amended by the insertion of the following subsections:

“(2) Without prejudice to the generality of subsection (1) of this section, the Society shall not prohibit a solicitor from charging less for a legal service than any charge or fee or remuneration specified for that legal service by way of any statutory scale or scales for the time being in force.

(3) The Society shall not prohibit advertising by solicitors.

(4) Nothing in subsection (3) of this section shall prevent the Society prohibiting advertising which—

(a) is likely to bring the solicitors' profession into disrepute, or

(b) is in bad taste, or

(c) reflects unfavourably on other solicitors, or

(d) contains an express or implied assertion by a solicitor that he has specialist knowledge in any area of law or practice superior to other solicitors, or

(e) is false or misleading in any respect, or

(f) comprises or includes unsolicited approaches to any person with a view to obtaining instructions in any legal matter, or

(g) is contrary to public policy.

(5) Subject to subsection (6) of this section, nothing in subsection (4) of this section shall entitle the Society to prohibit the advertising of any charge or fee by a solicitor for the provision of any specified legal service.

(6) Where the Society consider it appropriate, they may make regulations, after the expiration of 2 years following the coming into operation of section 69 of the Solicitors (Amendment) Act, 1994, prohibiting the advertising of any charge or fee by a solicitor for the provision of any specified legal service, provided that such regulations may be made only with the consent of the Minister and where the Minister is satisfied that such regulations are in the public interest.

(7) Notwithstanding the provisions of paragraph (d) of subsection (4) of this section, the Society may by regulations provide that a solicitor who in the prescribed manner satisfies the Society of his specialist knowledge in a prescribed area of law or practice be permitted by the Society to designate himself as having specialist knowledge in that area of law or practice.”.

Incorporated practices.

70. —(1) Notwithstanding section 64 of the Principal Act, the Society, with the concurrence of the Minister given after consultation with the Minister for Enterprise and Employment, may make regulations providing for any one or more of the following matters, namely—

(a) the management and control by solicitors of bodies corporate (in this section referred to as “incorporated practices”) carrying on business consisting of the provision of legal services such as are provided by individuals practising as solicitors;

(b) the circumstances in which incorporated practices may be recognised by the Society as suitable to undertake the provision of any such legal services, and the revocation of such recognition on the grounds that it was granted improperly as a result of any error or fraud;

(c) the conditions which (subject to any exceptions provided by the regulations) shall be satisfied at all times by incorporated practices so recognised if they are to remain so recognised;

(d) the manner and form in which applications for recognition under this section are to be made, and for the payment of fees in connection with such applications;

(e) the regulating of the names that may be used by incorporated practices;

(f) the period for which any recognition of incorporated practices remains in force;

(g) the keeping by the Society of a list containing the names and places of business of all incorporated practices and for the information contained in any such list to be available for inspection;

(h) the empowering of the Society to take such steps as they consider necessary or expedient to ascertain whether or not any regulations applicable to incorporated practices are being complied with;

(i) regulating the conduct of the affairs of incorporated practices.

(2) Regulations made by the Society under the Solicitors Acts, 1954 to 1994, shall apply and have effect in relation to incorporated practices recognised by the Society pursuant to regulations made under subsection (1) of this section with such additions, omissions or other modifications as appear to the Society to be necessary or expedient.

(3) The Minister may by order provide that any enactment or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ), passed or made before the commencement of this section and having effect in relation to solicitors shall have effect in relation to incorporated practices recognised by the Society pursuant to regulations made under subsection (1) of this section, with such additions, omissions or other modifications as appear to the Minister to be necessary for the purposes of enabling such provisions to have effect.

(4) Any order made by the Minister under subsection (3) of this section may make provision for the application, subject to any necessary adaptations, of any of the provisions of the Solicitors Acts, 1954 to 1994, to incorporated practices recognised by the Society pursuant to regulations made under subsection (1) of this section.

(5) (a) Every regulation made under subsection (1) of 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.

(b) A draft of every order proposed to be made under subsection (3) of this section shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Fee-sharing by solicitors.

71. —(1) Notwithstanding the provisions of section 59 of the Principal Act, the Society, with the concurrence of the Minister and, in the case of regulations made under paragraph (a) of this subsection, after consultation with the Minister for Enterprise and Employment, may make regulations in respect of—

(a) the sharing of fees between a solicitor and a person who is not qualified to practise as a solicitor arising either from a partnership between them or from an agency arrangement concluded between them, or

(b) the sharing of fees between a solicitor and a person who is not qualified to practise as a solicitor but who is a member, and entitled to practise as such, of a legal profession in another jurisdiction, arising either from a partnership between them or from an agency arrangement concluded between them.

(2) Every regulation made 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.

Administration of oaths and taking of affidavits.

72. —(1) Subject to the provisions of this section, every solicitor who holds a practising certificate which is in force shall, subject to any condition to which that practising certificate is subject under the Solicitors Acts, 1954 to 1994 (in this section referred to as a “relevant condition”), have all the powers conferred by any enactment or statutory instrument (within the meaning of the Statutory Instruments Act, 1947 ) on a commissioner for oaths (including section 24 of the Stamp Duties Management Act, 1891) and any reference to such a commissioner in any such enactment or statutory instrument, whether passed or made before or after the commencement of this section, shall include a reference to such a solicitor, unless the context otherwise requires.

(2) A solicitor shall not exercise the powers conferred by this section in any proceedings in which he is solicitor to any of the parties or in which he has an interest, or in contravention of any relevant condition.

(3) A solicitor before whom any oath or affidavit is taken or made shall state in the jurat or attestation at which place and on what date the oath or affidavit is taken or made.

(4) A document containing the statement in the jurat or attestation mentioned in subsection (3) of this section and purporting to be sealed or signed by a solicitor pursuant to his powers as a commissioner for oaths or pursuant to this section shall be admitted in evidence without proof of the said seal or signature, and without proof that he is a solicitor or that he holds a practising certificate which is in force or that such document has not been so sealed or signed in contravention of a relevant condition.

(5) Nothing in this section shall affect the power to appoint commissioners for oaths under section 73 of the Supreme Court of Judicature Act (Ireland), 1877.

Interest on clients' moneys.

73. —(1) Without prejudice to section 66 (as substituted by this Act) of the Principal Act the Society shall make regulations within six months of the coming into operation of this section, with the consent of the President of the High Court, to—

(a) require a solicitor, in prescribed cases, either—

(i) to open and maintain a separate deposit account at a bank for the benefit of the client for the holding of money received for or on account of the client, or

(ii) to pay to such client a sum equivalent to the interest which would have accrued if the money so received had been held on deposit by that solicitor,

(b) define the obligations of a solicitor under paragraph (a) of this section by reference to the amount of any sum received or to the period for which it is or is likely to be held or both, and

(c) enable a client (without prejudice to any other remedy) to require that any question arising under paragraph (a) or (b) (or both) of this subsection in relation to the client's money be referred to and determined by the Society.

(2) Except as provided for by regulations made under subsection (1) of this section, a solicitor shall not be liable by virtue of the relationship between solicitor and client to account to any client for interest received by the solicitor on money deposited at a bank, being money received or held for or on account of his clients generally.

(3) Nothing in this section or in regulations made under this section shall—

(a) affect any arrangement in writing, whenever made, between a solicitor and his client as to the application of the client's money or interest thereon, or

(b) apply to money received by a solicitor, being money subject to a trust of which the solicitor is a trustee.

(4) For the purposes of regulations made under subsection (1) of this section and subject to subsection (3) of this section, “client's money” and “money received for or on account of the client” shall mean money held or received by a solicitor on account of a person for whom he is acting in relation to the holding or receipt of such money either as a solicitor or, arising from his practice as a solicitor, as agent, bailee, stakeholder or in any other capacity.

Restriction on the withdrawal of a solicitor from a case.

74. —(1) A solicitor who has accepted instructions to appear in court for a client who is in custody may not withdraw from the client's case without obtaining permission from the court before which that client is next scheduled to appear.

(2) The court shall, in deciding whether to grant a solicitor permission to withdraw from a case under subsection (1) of this section, have regard to—

(a) the likely consequences of such action for the client notwithstanding that the client may have concurred in the solicitor's withdrawal from the case, and

(b) any delay or other adverse consequences which may arise for the proceedings in question as a result of the solicitor's withdrawal,

and the court shall have regard to any matter which is the subject of privilege between the solicitor and the client.

(3) The court may hear an application for permission under subsection (1) of this section in camera if it considers it necessary to do so in the interests of justice.

(4) A withdrawal by a solicitor from a case in contravention of subsection (1) of this section shall be notified to the Society by the court whose permission is required under that subsection to withdraw from the case and the Society, on being so notified, shall investigate the matter and take any necessary action under the provisions of Part II (as amended by this Act) of the Act of 1960.

Extension of list of approved institutions.

75. —(1) For the purposes of Part VII (as amended by this Act) of the Principal Act and section 73 of this Act and regulations made thereunder, “bank” means—

(a) a bank which is the holder of a licence under section 9 (1) of the Central Bank Act, 1971,

(b) any financial institution referred to in subsection (4) (a) (ii) and (iii) of section 7 (as inserted by the Central Bank Act, 1989) of the Central Bank Act, 1971, and

(c) a bank or financial institution standing designated by order of the Minister under subsection (2) of this section,

and cognate words shall be construed accordingly:

Provided that such bank or financial institution, or the relevant branch thereof, is situate in the State.

(2) The Minister, after consultation with the Minister for Finance, may by order designate banks or financial institutions under subsection (1) (c) of this section.

(3) A solicitor may open and keep a client account only at a bank within the meaning of subsection (1) of this section.

(4) For the purposes of sections 7, 8 and 20 (as respectively substituted by the Solicitors (Amendment) Act, 1994) of the Act of 1960, relating to the powers of the Society or the High Court in matters concerning the protection of clients or the disciplining of solicitors, “bank” shall include a bank within the meaning of subsection (1) of this section and shall also include any person or body corporate carrying on business as a bank or other financial institution, whether in the State or outside the State, and cognate words shall be construed accordingly.

(5) The Minister may by order amend or revoke an order made under subsection (2) of this section.

(6) Every order made 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 order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Regulations for accounts (section 66 of Principal Act).

76. —The Principal Act is hereby amended by the substitution of the following section for section 66:

Regulations for accounts.

66.—(1) The Society may make regulations, with the concurrence of the President of the High Court, providing for all or any of the following matters:

(a) the category or categories of solicitor to whom such regulations apply;

(b) the type or types of accounts at banks which may be opened and kept by a solicitor arising from his practice as a solicitor;

(c) the opening and keeping of accounts at banks by a solicitor arising from his practice as a solicitor;

(d) the rights, duties and responsibilities of a solicitor in relation to moneys received, held, controlled or paid by him arising from his practice as a solicitor, including the lodgment to and withdrawal from a client account of clients' moneys;

(e) the accounting records to be maintained by a solicitor arising from his practice as a solicitor, including the minimum period or periods for which accounting records shall be retained by a solicitor during the period of, and following the conclusion of, the provision of legal services;

(f) the keeping by a solicitor of accounting records containing particulars of and information as to moneys received, held, controlled or paid by him arising from his practice as a solicitor, for or on account of a client or any other person or himself;

(g) the enforcement by the Society of compliance with the regulations;

(h) imposing fees on solicitors in cases of non-compliance where the Society has to conduct further enquiries (being fees not exceeding the cost of making such enquiries);

(i) the appointment by the Society of persons to carry out, on behalf of the Society, functions relating to securing compliance with and enforcing such regulations;

(j) the circumstances and manner in which a solicitor engaged in practice as a solicitor (or a duly qualified accountant on his behalf) verifies compliance with such regulations, including the frequency of doing so;

(k) the examination, by or on behalf of the Society, of the financial circumstances of a solicitor engaged in practice as a solicitor insofar as such circumstances could affect his capacity to carry on such practice.

(2) Regulations made pursuant to subsection (1) of this section shall not apply to—

(a) a solicitor in the full-time service of the State within the meaning of section 54 (3) (as substituted by the Solicitors (Amendment) Act, 1994) of the Principal Act, or

(b) a solicitor who is in the part-time service of the State, in respect of moneys received, held, controlled or paid by him in the course of such service.

(3) A solicitor who knowingly lodges clients' moneys (or who knowingly causes clients' moneys to be lodged) to a client account at a bank other than a bank within the meaning of section 75 (1) of the Solicitors (Amendment) Act, 1994, shall be guilty of an offence.

(4) A solicitor who, having received any clients' moneys, fails, without reasonable cause, to lodge (or to cause to be lodged) in the prescribed manner such clients' moneys to the appropriate client account (or client accounts) shall be guilty of an offence.

(5) A solicitor who fails, without reasonable cause, to maintain and keep (or to cause to be maintained and kept) accounting records in the prescribed manner shall be guilty of an offence.

(6) A solicitor who, having received clients' moneys, fails, without reasonable cause, to record (or to cause to be recorded) in the prescribed manner such receipt in accounting records shall be guilty of an offence.

(7) A solicitor who, having received any clients' moneys and having duly lodged (or caused to be lodged) in the prescribed manner such clients' moneys to the appropriate client account (or client accounts) fails, without reasonable cause, to record (or to cause to be recorded) in the prescribed manner such lodgment in accounting records, shall be guilty of an offence.

(8) A solicitor who makes knowingly (or causes so to be made) a false or misleading entry or record in accounting records shall be guilty of an offence.

(9) It shall not be a defence to a charge under subsection (6) or (7) of this section to show that an entry or record of a receipt or lodgment of clients' moneys was recorded in accounting records, if it is established that such entry or record is false or misleading.

(10) Where it appears to the Society that it is necessary for the purpose of exercising any of the Society's functions prescribed under subsection (1) of this section for an authorised person to attend, with or without prior notice, at a place of business of a solicitor, an authorised person may so attend at such place for that purpose.

(11) Where an authorised person attends pursuant to subsection (10) of this section at a place of business of a solicitor, he shall inform the solicitor or any clerk or servant of the solicitor of the purpose of his attendance as specified in subsection (10) of this section and may thereupon or thereafter, in pursuance of that purpose, require the solicitor or any clerk or servant of the solicitor to do any one or more of the following things:

(a) to make available to him for inspection all or any part of the solicitor's accounting records;

(b) to furnish to him such copies of the solicitor's accounting records as the authorised person deems necessary to fulfil the purpose specified in subsection (10) of this section;

(c) to give such written authority addressed to such bank or banks as the authorised person requires to enable the authorised person to inspect any account or accounts opened, or caused to be opened, by the solicitor at such bank or banks (or any documents relating thereto) and to obtain from such bank or banks copies of such documents relating to such account or accounts for such period or periods as the authorised person deems necessary to fulfil the purpose specified in subsection (10) of this section.

(12) If a solicitor or clerk or servant of a solicitor who is required by an authorised person to do any one or more of the things specified in subsection (11) of this section, refuses, neglects or otherwise fails, without reasonable cause, to comply with such requirement of requirements, the Society may, on notice to the solicitor, apply to the High Court for an order (which said order the Court is hereby empowered to make) requiring the solicitor to comply with such requirement or requirements (or any one or more of them) as the Society deem necessary in pursuance of the purpose specified in subsection (10) of this section or as the Court thinks fit.

(13) It shall be an offence for a solicitor—

(a) to refuse, neglect or otherwise fail, without reasonable cause, to duly comply with any requirement of an authorised person under subsection (11) of this section;

(b) to remove from his place or places of business, or to destroy, deface or mutilate, all or any part of his accounting records, with intent to prevent or interfere with an authorised person acting in pursuance of the purpose specified in subsection (10) of this section;

(c) to provide knowingly false or misleading information to an authorised person acting in pursuance of the purpose specified in subsection (10) of this section.

(14) A summary offence under any of the provisions of this section may be prosecuted by the Society.

(15) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under any of the provisions of this section may be instituted within twelve months from the date the offence came to the knowledge of the Society.

(16) A person guilty of an offence under this section shall be liable—

(a) on summary conviction thereof to a fine not exceeding £1,500,

(b) on conviction thereof on indictment to a fine not exceeding £10,000.

(17) Without prejudice to the generality of this section and any regulations made thereunder, a solicitor shall not, arising from his practice as a solicitor, lodge (or cause to be lodged) for collection through any bank account kept by him, or otherwise collect, an unendorsed cheque or other negotiable or non-negotiable instrument drawn in favour of a person other than himself, his firm, or a partner.

(18) In this section—

accounting records’ means the books of account and all other documents required to be maintained and kept by a solicitor arising from his practice as a solicitor in accordance with regulations made pursuant to subsection (1) of this section.”.

Amendment of section 58 of Principal Act.

77. —Section 58 of the Principal Act is hereby amended—

(a) by the insertion of the following subsection for subsection (2):

“(2) An unqualified person who does any act to which this section applies shall, subject to subsection (3) of this section and without prejudice to any other liability or disability to which he may be subject, be guilty of an offence under this section and shall be liable—

(a) on summary conviction thereof, to a fine not exceeding £1,500, or

(b) on conviction thereof on indictment, to a fine not exceeding £10,000.”,

(b) by the insertion of the following paragraph in subsection (3):

“(h) an act done by a lawyer to whom Council Directive No. 77/249/EEC of 22 March, 1977 (1) (as adapted by the Acts concerning the Conditions of Accession of Greece, Spain and Portugal, to the Treaties establishing the European Communities) and any instrument which may amend or replace that Directive applies by way of provision of legal services within the limits and under the conditions laid down in that Directive (or such instrument), other than the preparation of a formal document for obtaining title to administer the estate of a deceased person and the drafting of a formal document creating or transferring an interest in land.”,

(c) by the substitution of the following paragraph for paragraph (b) of subsection (3):

“(b) (i) an act done by a barrister practising in the State,

(ii) an act done by a barrister employed full-time in the State, in the provision of conveyancing services within the meaning of section 56 (4) of the Solicitors (Amendment) Act, 1994, for his employer, provided that such employer is not a solicitor,”.

Will making and probate services provided by credit unions.

78. —(1) Notwithstanding anything to the contrary in the Principal Act, the Minister may, after consultation with the Minister for Enterprise and Employment, make regulations authorising credit unions to provide services as follows—

(a) to draw up or prepare a will or other testamentary instrument, or

(b) to take instructions for a grant of probate or administration, or

(c) to draw or prepare any papers on which to found or oppose any such grants.

(2) The services referred to in subsection (1) of this section may be provided by credit unions in accordance with the provisions of regulations made under this section and in compliance with the requirements of this section.

(3) Regulations under this section may include provision for all or any of the following, namely—

(a) the protection of persons for whom services are provided under this section by credit unions from conflicts of interest that might otherwise arise in connection with the provision of the services,

(b) securing that adequate compensation is available to such persons in respect of negligence, fraud or other dishonesty on the part of officers or employees of credit unions in connection with the provision of the services,

(c) (i) the extent to which and the manner in which services provided under this section would require the involvement of persons qualified to practise as solicitors within the meaning of the Principal Act, and

(ii) the qualifications and experience of personnel generally engaged in the provision of the services,

(d) the class or classes of persons to whom the services may be provided,

(e) requirements relating to the approval by the Registrar of Friendly Societies of a credit union proposing to provide services,

(f) the restriction of the power to provide the services to credit unions of a specified class or classes,

(g) maximum rates or scales of fees, costs or expenses which may be charged by credit unions for the provision of the services,

(h) taxation by a Taxing Master of the High Court of fees, costs or expenses charged by credit unions for the services,

(i) such further conditions in relation to the provision of the services as the Minister may prescribe in accordance with this section.

(4) In this section “probate” and “administration” have the meanings assigned to them by section 3 of the Succession Act, 1965 .

(5) Any communication made to or by a credit union (including a communication made to or by an officer or employee of a credit union) in the course of its acting as such for a person in connection with providing services under subsection (1) of this section shall in any legal proceedings be privileged from disclosure in like manner as if the credit union had at all material times been acting as that person's solicitor.

(6) (a) A credit union providing services under subsection (1) of this section shall not in relation to the provision of such services be an unqualified person within the meaning of the Principal Act.

(b) A credit union which provides any of the services mentioned in subsection (1) of this section otherwise than in accordance with the provisions of this section or of any regulations made under this section shall be guilty of an offence under section 58 (2) (as amended by this Act) of the Principal Act.

(7) Section 58 (as amended by this Act) of the Principal Act shall not apply to—

(a) a credit union,

(b) any officer or employee of a credit union by reason of any act done by him in the course of his office or employment on behalf of the credit union, where the credit union is providing services in accordance with subsection (1) of this section.

(8) Section 59 of the Principal Act shall not apply to any solicitor by reason of any act done by him as an officer or employee of a credit union where that credit union is providing services in accordance with subsection (1) of this section.

(9) Where a credit union provides services under subsection (1) of this section, it shall include in any document or advertisement issued to the public, which contains a reference to the provision of the services, a statement of the charges or the basis for the charges in respect of the services and a client shall be entitled to ask for and to be furnished with an itemised statement of that credit union's charges in respect of services provided by the credit union under subsection (1) of this section.

(10) On the taking of instructions to provide services under this section to a person, or as soon as is practicable thereafter, a credit union shall provide the person with particulars in writing of—

(a) the actual charges, or

(b) where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or

(c) where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made, by that credit union for the provision of such services.

(11) Any information which comes into the possession of an officer or employee of a credit union by virtue of his involvement in the provision of services under subsection (1) of this section by a credit union shall not be used by him or by the credit union to promote the business of the credit union.

(12) (a) A credit union providing services under subsection (1) of this section shall maintain separate accounting records and prepare accounts in respect of each year showing—

(i) the cost to the credit union of providing the services, and

(ii) the income accruing to the credit union from the charges made for the services,

and, subject to subsection (3) (g) of this section, shall so provide and charge for the services that the income from the provision of the services is not less than sufficient to meet all costs properly attributable to the provision of the services taking one year with another.

(b) A statement attesting the correctness of the accounts prepared in accordance with paragraph (a) of this subsection and confirming that such accounts have not been distorted as a result of any arrangement which would affect the apportionment of costs and income associated with the provision of the services and that such apportionments as have been made have been properly made shall be signed by the chairperson and treasurer of the credit union and attached to the annual accounts of the credit union.

(13) A credit union shall not provide services under the provisions of this section unless at least one of the following conditions is satisfied:

(a) regulations have been made under section 79 of this Act, or

(b) the credit union is a member of a scheme (other than a scheme established under section 79 of this Act) which has been established for the investigation of complaints against the credit union in relation to the provision of services under this section and which has been approved of by the Minister.

(14) If a person exercising any right under this section or a person acting on behalf of such a person applies for any grant of probate or letters of administration and—

(a) makes a statement in the application, or supports the application with a document, which he knows to be false or misleading in a material particular, or

(b) recklessly makes a statement in the application, or supports the application with a document, which is false or misleading in a material particular,

he shall be guilty of an offence.

(15) Any person guilty of an offence under subsection (14) of this section shall be liable—

(a) on conviction on indictment thereof, to a fine not exceeding £10,000,

(b) on summary conviction thereof, to a fine not exceeding £1,500.

(16) Every regulation made 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.

(17) In this section “credit union” means an industrial and provident society registered as a credit union under the Credit Union Act, 1966 .

Investigation of complaints about credit unions.

79. —(1) The Minister may, by regulations made after consultation with the Minister for Enterprise and Employment, require a credit union to establish, or join in establishing, and to maintain and fund a scheme or schemes for the investigation of complaints against a credit union in relation to any services provided or any act done by such a credit union under the provisions of section 78 of this Act.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision in relation to any one or more of the following—

(a) the establishment and administration of a scheme,

(b) the manner of appointment of an independent adjudicator to conduct investigations,

(c) the matters to be subject to investigation under the scheme,

(d) the grounds on which a complaint must be based,

(e) the powers of, and procedure to be followed in the conduct of investigations by, the adjudicator,

(f) the circumstances in and the extent to which determinations are binding,

(g) the procedures for the making of complaints,

(h) the publication of the adjudicator's findings.

(3) Subject to subsection (4) of this section, the reference of a complaint under a scheme established under this section shall not affect the rights of any person to have a dispute determined in any other manner provided by law.

(4) Where, in relation to a complaint under a scheme established under this section the parties concerned agree that a determination in accordance with the scheme shall be binding on them and the scheme provides for such an agreement, then the determination shall be binding on the parties.

(5) Every regulation made by the Minister 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.

Non-application to applicants under European Communities regulations.

80. —Section 24 (as substituted by this Act) of the Principal Act and regulations under section 40 (as amended by this Act) of that Act shall not apply to an applicant to whom paragraph (a) or (b) of regulation 4 of the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations, 1991, or any provision which may amend or replace that regulation, applies.

Amendment of section 53 of Principal Act.

81. —With effect from the 1st day of January, 1996, section 53 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) A list purporting to be published by the authority of the Society and to contain the names of the solicitors who have obtained practising certificates for the current practice year before the 2nd day of February in that year shall, until the contrary is proved, be evidence that the persons named on the list are solicitors holding those certificates.”.

Laying of regulations.

82. —Save as otherwise provided by this Act, every regulation made by the Society under this Act shall be laid by the Society before each House of the Oireachtas as soon as may be after it is made.

Acts Referred to

Arbitration Acts, 1954 and 1980

1954, No. 26 and 1980, No. 7

Attorneys and Solicitors Act, 1870

1870, c. 28

Attorneys and Solicitors (Ireland) Act, 1849

1849, c. 53

Central Bank Acts, 1942 to 1989

Courts Act, 1981

1981, No. 11

Credit Union Act, 1966

1966, No. 19

Criminal Procedure Act, 1967

1967, No. 12

Debtors (Ireland) Act, 1840

1840, c.3-4 Vict. c. 105

Legal Practitioners (Qualification) Act, 1929

1929, No. 16

Lunacy Regulation (Ireland) Act, 1871

1871, c. 22

National Council for Educational Awards Act, 1979

1979, No. 30

Petty Sessions (Ireland) Act, 1851

1851, 14–25 Vict. c. 93

Registration of Title Act, 1891

1891, c. 29

Solicitors Acts, 1954 and 1960

1954, No. 36 and 1960, No. 37

Stamp Duties Management Act, 1891

1891, c. 38

Statutory Instruments Act, 1947

1947, No. 44

Succession Act, 1965

1965, No. 22

Supreme Court of Judicature Act (Ireland), 1877

1877, c. 57

(1)O.J. No. L78, 26.3.1977