Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 167:

In page 67, between lines 22 and 23 but in Part 7, to insert the following:
“Power of Authority to specify measures
83.(1) Where the Authority is satisfied that a provision of this Part or regulations made under it are not being, or have not been, complied with by the multi-disciplinary practice or managing legal practitioner concerned, it may, in accordance with this section, issue a direction to the multi-disciplinary practice or managing legal practitioner concerned to take such measures as are specified in the direction.
(2) The Authority shall not issue a direction under this section unless it considers it to be necessary to ensure compliance by the multi-disciplinary practice or managing legal practitioner, as the case may be, with its or, as the case may be, his or her obligations under this Part or regulations made under it.
(3) A direction under this section may, where the multi-disciplinary practice concerned has been found to be in breach of section 77(1), direct the practice to appoint, within 7 days of the date on which the notice is issued, a managing legal practitioner.
(4) Where the Authority reasonably believes that the multi-disciplinary practice or managing legal practitioner concerned is in breach of any other provision of this Part or regulations made under it, the Authority—(a) shall send the multi-disciplinary practice or managing legal practitioner, as the case may be, a notice in writing—

(i) setting out its belief and the reasons for it,
(ii) setting out the measures it proposes to direct the multi-disciplinary practice or, as the case may be, the managing legal practitioner to take in order to comply with its or, as the case may be, his or her, obligation under the provision concerned,
(iii) inviting the multi-disciplinary practice or managing legal practitioner, as the case may be, to make within such reasonable period as the Authority may specify in the notice, observations on the finding or proposal, or both,

and
(b) may, having considered any observations made by the multi-disciplinary practice or managing legal practitioner under paragraph (a)(iii), issue a direction to the multi-disciplinary practice or managing legal practitioner, directing it, or him or her, as the case may be, to take such measures, within such period as may be specified in the direction, as the Authority considers necessary to ensure compliance by the multi-disciplinary practice or managing legal practitioner, as the case may be, with the provision concerned.(5) A multi-disciplinary practice or managing legal practitioner may, within 21 days of the issuing to it of a direction under this section, appeal that direction to the High Court.
(6) An appeal under subsection (5) shall be on notice to the Authority.
(7) The High Court, on hearing an appeal under this section, may—(a) confirm the direction concerned, or
(b) where it considers that the direction is oppressive, unreasonable or unnecessary, revoke or vary the direction.”.