Next (PART 1 Preliminary and General )

8 2009

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Number 8 of 2009


LEGAL SERVICES OMBUDSMAN ACT 2009


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Expenses.

PART 2

Establishment, Role and Accountability of Office of Legal Services Ombudsman

4. Establishment of office of Legal Services Ombudsman.

5. Appointment of Legal Services Ombudsman.

6. Period of office, resignation and removal from office.

7. Salary and superannuation.

8. Restriction on engaging in other employment.

9. Functions and powers.

10. Independence of Legal Services Ombudsman.

11. Staff.

12. Advances by Minister to Legal Services Ombudsman.

13. Accounts and audit.

14. Various reports by Legal Services Ombudsman.

15. Annual report on admission policies of legal professions.

16. Appearance before Committee of Dáil Éireann established to examine, etc., appropriation accounts, etc.

17. Appearance before other committees of Houses of Oireachtas.

18. Privilege in respect of certain matters.

PART 3

Imposition of Levy on Professional Bodies to Cover Approved Expenses of Legal Services Ombudsman

19. Levy to be paid by Bar Council and Law Society.

20. Regulations relating to levy.

PART 4

Complaints and Reviews

21. Making of complaints.

22. Investigations of complaints.

23. Procedures for dealing with complaints to Legal Services Ombudsman.

24. Opportunity to make submissions.

25. Investigations to be conducted in private.

26. Power to require provision of information.

27. Obstruction of Legal Services Ombudsman.

28. Power to issue directions or make recommendations following investigation.

29. Duty to notify complainant and others of results, directions and recommendations.

30. Enforcement of directions of Legal Services Ombudsman.

31. Legal Services Ombudsman may refer question of law to High Court.

32. Review of procedures of Bar Council and Law Society for dealing with complaints.

33. Duties of Bar Council and Law Society to keep and produce records.

34. Legal proceedings against Legal Services Ombudsman.

35. Confidentiality of information.

PART 5

Consequential Amendments and Transitional Provisions

36. Amendment of Freedom of Information Act 1997.

37. Repeal of section 15 of the Solicitors (Amendment) Act 1994.

38. Revocation of Solicitors (Adjudicator) Regulations 1997 and Solicitors (Adjudicator) (Amendment) Regulations 2005 and transitional provisions in relation thereto.


Acts Referred to

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Civil Law (Miscellaneous Provisions) Act 2008

2008, No. 14

European Parliament Elections Act 1997

1997, No. 2

Freedom of Information Act 1997

1997, No. 13

Local Government Act 2001

2001, No. 37

Pensions Act 1990

1990, No. 25

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Social Welfare (Miscellaneous Provisions) Act 2003

2003, No. 4

Solicitors Acts 1954 to 2008

Solicitors (Amendment) Act 1960

1960, No. 37

Solicitors (Amendment) Act 1994

1994, No. 27

Solicitors (Amendment) Act 2002

2002, No. 19

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Number 8 of2009


LEGAL SERVICES OMBUDSMAN ACT 2009


AN ACT TO PROVIDE FOR THE APPOINTMENT AND FUNCTIONS OF A LEGAL SERVICES OMBUDSMAN; AND TO PROVIDE FOR RELATED MATTERS.

[10th March, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: