Legal Services Regulation Act 2015

96

Failure to pay amount specified in levy assessment notice

96.  (1) If all or part of the amount specified in a levy assessment notice is not paid on or before the date specified in the notice, interest, at a rate calculated in accordance with regulations under section 98, on the unpaid amount accrues from that date to the date of payment.

(2) Where a barrister who is not a member of the Law Library has not, within one month of the date on which the amount becomes payable, paid all of the amount specified in a levy assessment notice as payable by him or her in respect of the levy imposed by this Part, the Authority shall provide that barrister with a further notice, which shall—

(a) be accompanied by a copy of the levy assessment notice concerned,

(b) specify the rate of interest payable on the unpaid amount, and

(c) contain a statement of the effect of F7[subsections (3), (6) and (7)].

(3) Where, after the expiry of 3 months from the date on which the amount, specified in a levy assessment notice as payable by him or her in respect of the levy imposed under this Part, becomes payable, a barrister who is not a member of the Law Library has not paid all of that amount 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 of F8[].

(4) Subject to subsection (5), the Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the professional body or person concerned, any amount payable by that body or person in respect of the levy imposed by this Part and any interest that has accrued, in accordance with subsection (1), on that amount.

(5) For the purposes of subsection (4), where the professional body concerned is the Bar Council, proceedings may be brought against the Chairman of the Bar Council, in a representative capacity, on behalf of the Bar Council and, if in those proceedings the Authority obtains a judgment, order or decree for any amount payable by the Bar Council, any assets held by or on behalf of or for the benefit of the Bar Council may be used or otherwise applied towards satisfying all or any of the claims under the judgment, order or decree, as the case may be.

F9[(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.]

Annotations

Amendments:

F7

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 61(a), S.I. No. 389 of 2023.

F8

Deleted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 61(b), S.I. No. 389 of 2023.

F9

Inserted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 61(c), S.I. No. 389 of 2023.