James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 20:

In page 29, between lines 28 and 29, to insert the following: “Amendment of section 135 of Act of 2015

55. Section 135 of the Act of 2015 is amended—

(a) in subsection (1)(b), by the substitution of “subsection (3) or (7) of section 96” for “section 96(3)”,

(b) in subsection (3), by the substitution of “shall” for “may”, and

(c) by the addition of the following subsections after subsection (5):

“(5A) A practising barrister whose name has been entered on the roll shall, not later than 30 days after the date on which the change occurred, notify the Authority of any change in the following information in respect of him or her:

(a) his or her name;

(b) any of the matters referred to in section 133(4) as they relate to him or her.

(5B) The Authority shall, as soon as practicable after receipt of a notification referred to in subsection (5A), amend the entry on the roll, and its records, as necessary.

(5C) The Bar Council, where it becomes aware that a person has ceased to be a member of the Law Library, shall, without delay, notify the Authority of the fact.

(5D) The Authority, on receipt of a notification referred to in subsection (5C), shall send the person concerned a notice in writing—

(a) informing him or her of the notification,

(b) inviting him or her to, not later than 30 days after the date of the notice, confirm whether he or she is a member of the Law Library, and

(c) informing him or her of the effect of subsection (5E).

(5E) The Authority, where it has complied with subsection (5D), shall amend the entry on the roll, and its records, in respect of the person concerned to specify that he or she is a practising barrister who is not a member of the Law Library where—

(a) it is satisfied, having regard to the notification under subsection (5C) and any confirmation provided by the person in accordance with paragraph (b) of subsection (5D), that the person is a practising barrister who is not a member of the Law Library, or

(b) the person does not provide a confirmation in accordance with that paragraph.

(5F) Subsections (5D) and (5E) shall not apply where—

(a) the Authority has, under subsection (1), removed the name of the person from the roll, or

(b) the person concerned has, as the case may be—

(i) notified the Authority under subsection (5A) that he or she is a practising barrister who is not a member of the Law Library, or

(ii) complied with subsection (3).

(5G) An application under subsection (3), a notification referred to in subsection (5A) and a confirmation under paragraph (b) of subsection (5D) shall be—

(a) in such form as may be prescribed, and

(b) accompanied by the address for correspondence and such other contact details of the person concerned as the Authority may specify for the purposes of this section.

(5H) An amendment under subsection (5B) or (5E) to an entry in the roll shall take effect on and from the date on which the Authority, under the subsection concerned, amends the roll and its records.

(5I) In determining whether a practising barrister’s failure to comply with subsection (5A) or subsection (1) or (2) of section 135A should be considered as constituting misconduct within the meaning of section 50(1)(m), the Authority, the Complaints Committee, the Disciplinary Tribunal or, as the case may be, the High Court, may have regard to whether the failure to comply—

(a) occurred as a result of the illness or incapacity of the practising barrister concerned, and

(b) was remedied without unreasonable delay after the 30 day period referred to in the subsection concerned had expired.”.”.

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