Dáil debates

Wednesday, 1 March 2023

Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Report and Final Stages

 

3:52 pm

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 16:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 96 of Act of 2015

51.Section 96 of the Act of 2015 is amended—
(a) in paragraph (c) of subsection (2), by the substitution of “subsections (3), (6) and (7)” for “subsection (3)”,

(b) in subsection (3), by the deletion of “practising barristers”, and

(c) by the insertion of the following subsections after subsection (5):
“(6) Where—
(a) the Authority removes the name of a barrister who is not a member of the Law Library from the roll in accordance with subsection (3),

and

(b) the person referred to in paragraph (a) subsequently makes an application to the Authority under section 134(1),
the Authority shall not comply with section 134(1) in respect of the application until such time as any amount payable by that person in respect of the levy imposed by this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount, is paid in full.

(7) Where—
(a) the Authority has provided a levy assessment notice to a barrister who is not a member of the Law Library,

(b) the barrister concerned makes an application to the Authority under section 135(3), and

(c) as of the date of the making of the application referred to in paragraph (b), the barrister concerned has not paid the amount specified in the levy assessment notice referred to in paragraph (a) as payable by him or her in respect of the levy imposed under this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount,
the Authority shall remove the name of the barrister from the roll and such removal shall be deemed to have been done under subsection (3) and subsection (6) shall apply accordingly.”.”.

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