Oireachtas Joint and Select Committees

Wednesday, 12 February 2014

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage (Resumed)

11:20 am

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

I move amendment No. 168:


In page 67, between lines 22 and 23 but in Part 7, to insert the following:
“Application to High Court for order suspending or ceasing provision of legal services by multi-disciplinary practice
84. (1) Where a multi-disciplinary practice or, as the case may be, a managing legal practitioner, fails to comply with a notice under section 83, the Authority may apply to the High Court for an order—(a) requiring the multi-disciplinary practice or managing legal practitioner to comply with the direction,
(b) suspending the provision by the multi-disciplinary practice concerned of legal services, or
(c) directing the multi-disciplinary practice to cease providing legal services.(2) An application under subsection (1) shall be on notice to the multi-disciplinary practice and managing legal practitioner concerned.
(3) The High Court, on hearing an application for an order referred to in subsection (1)(b), may make an order that the multi-disciplinary practice be suspended from providing legal services for a specified period and subject to such terms and conditions as the Court considers appropriate.
(4) The High Court, on hearing an application for an order referred to in subsection (1)(c), may make an order—(a) that the multi-disciplinary practice be suspended from providing legal services for a specified period and subject to such terms and conditions as the Court considers appropriate, or
(b) that the multi-disciplinary practice cease providing legal services.(5) The jurisdiction vested in the High Court under this section shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.
(6) The Authority or the legal practitioner concerned may appeal to the Supreme Court against an order of the High Court made under this section within a period of 21 days beginning on the date of the order and, unless the High Court or the Supreme Court otherwise orders, the order of the High Court shall have effect pending the determination of such appeal.
(7) Where an order is made by the High Court under subsection (3) or(4), the Authority shall as soon as practicable thereafter cause a notice stating the effect of the operative part of the order to be published in Iris Oifigiúil and shall also cause the notice to be published in such other manner as the Authority may consider appropriate.”.

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