Legal Services Regulation Act 2015


Powers of Authority in relation to codes of practice

22.  (1) The Authority may, having regard to the objectives specified in section 13(1) and (4) and in accordance with this section, issue a code of practice where it considers it necessary to do so for the purpose of setting and improving standards for the provision of a legal service in the State.

(2) A code of practice issued under subsection (1) may relate to the provision of legal services by—

(a) legal practitioners generally, or

(b) legal practitioners of such class or classes as may be specified in the code.

(3) Before exercising its power under subsection (1), the Authority shall consult, in such manner as it considers appropriate, with—

(a) a professional body, the members of which will be subject to the proposed code of practice, and

(b) such other interested parties, including legal practitioners who are not members of a body referred to in paragraph (a) who will be subject to the proposed code of practice, as the Authority considers appropriate.

(4) Where the Authority consults under subsection (3), it shall, before issuing the code of practice concerned, consider representations (if any) made by the bodies or parties so consulted.

(5) Where a professional code conflicts with a code of practice, the code of practice shall, for the purposes of this Act, prevail.

(6) The High Court, on application to it by a legal practitioner who is affected by a code of practice, made within 28 days of the issuing by the Authority of that code, may, where it considers that the code of conduct is oppressive, unreasonable or unnecessary, revoke or vary the code.

(7) Where the Authority, under this section, issues, amends or revokes a code of practice, it shall without delay cause a notice to that effect to be published in Iris Oifigiúil, which notice shall—

(a) specify the code concerned,

(b) specify the legal service to which the code relates or the class of legal practitioner to which the code relates, and

(c) specify the date from which the code, or the amendment to or the revocation of the code, as the case may be, shall have effect.

(8) (a) The Authority shall make available for inspection free of charge to members of the public in an appropriate format a copy of every code of practice issued by it under subsection (1).

(b) A copy of a code of practice made available under paragraph (a) shall state the date on which the code has effect and, where applicable, the date on which the revocation of the code has effect.

(c) Where a code of practice referred to in paragraph (a) has been amended in accordance with this section, a reference in that paragraph to a code of practice is to that code as amended.