Solicitors Practising Certificate Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: Citation and commencement
(a) These Regulations may be cited as the Solicitors Practising Certificate Regulations 2020.
(b) These Regulations shall apply in respect of the practice year commencing on 1 January 2021 and each subsequent practice year (or part thereof).
(c) The Solicitors Practising Certificate Regulations 2019 are repealed with effect from 31 December 2020.
(d) The Solicitors Practising Certificate Regulations 2019 are amended by the insertion of the following after Regulation 1(c):-
“(d) These Regulations shall only apply in respect of any applications for practising certificates for the practice year, or any part of the practice year, ending on 31 December 2020.”
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paragraphs: Definitions
(a) In these Regulations, except where the context otherwise requires:
“Act of 1954” means the Solicitors Act 1954 (No. 36 of 1954);
“Act of 1960” means the Solicitors (Amendment) Act 1960 (No. 37 of 1960);
“Act of 1994” means the Solicitors (Amendment) Act 1994 (No. 27 of 1994);
“Act of 2015” means the Legal Services Regulation Act 2015 (No. 65 of 2015);
“applicant solicitor” includes a practising solicitor, or a solicitor on the Roll of Solicitors intending to practise as a solicitor in a practice year;
“application” means an application made to the Registrar by an applicant solicitor for a practising certificate pursuant to these Regulations and shall include a completed Practising Certificate Application Form, the full application fee and any information required to be provided to the Society pursuant to these Regulations;
“application fee” means the total amount of the fees payable in respect of any application for a practising certificate, as prescribed by the Society from time to time and includes, where appropriate and applicable, the registration fee, the contribution to the Compensation Fund pursuant to Section 22 of the Act of 1960, the contribution in respect of the Authority’ s Levy Fund under the Act of 2015 and shall, where applicable, mean the fees payable under these Regulations.
“Authority” means the Legal Services Regulatory Authority;
“Compensation Fund” means the fund maintained by the Society pursuant to Sections 21 and 22 of the Act of 1960;
“EFT” means electronic funds transfer;
“Law Directory” means the directory of solicitors, registered lawyers, and firms maintained and published by the Society from time to time;
“legal services” has the meaning given to it in the Act of 1994 and the Solicitors Professional Indemnity Insurance Regulations 2020;
“Practice” has the meanings given in the Professional Indemnity Insurance Regulations 2020 (S.I. 429/2020);
“practice year” means the calendar year;
“practise” means to provide legal services from an establishment in the State and where such legal services (as they involve the provision of legal advice) relate to the law of the State (including European Union law as it forms part of the law of the State);
“practising certificate” has the meaning given to it in Section 46 of the Act of 1954.
“practising solicitor” has the meaning given to it in the Act of 2015.
“Registered Lawyer” has the meaning given to it by the European Communities (Lawyers’ Establishment) Regulations 2003 (S.I. 732/2003);
“Registrar” means the registrar of solicitors for the time being appointed pursuant to Section 8 of the Act of 1954;
“registration fee” means the fee payable to the Society by an applicant solicitor as part of the application fee for a practising certificate as may be specified from time to time;
“Regulation of Practice Committee” means the committee to whom functions of the Society pursuant to Part V of the Act of 1954, as amended and extended by Part VI of the Act of 1994, have been delegated by the Council of the Society;
“relevant date” means 1 February each year;
“Roll” means the roll of solicitors maintained by the Registrar under Section 9 of the Act of 1954;
“Society” means the Law Society of Ireland.
“Solicitor” has the meaning given to it by section 3(1) of the Act of 1954.
“2003 Regulations” means the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ) as amended.
(b) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts 1954-2015 and the Act of 2015.
(c) The Interpretation Act 2005 applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.
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paragraphs: Requirement to hold a practising certificate
(a) Every solicitor (other than a solicitor defined in Section 56(3) of the Act of 1994) who is practising or intending to practise, or who is deemed to engage in the provision of legal services as provided for in Section 56(2) of the Act of 1994, in the State shall be required to hold a practising certificate.
(b) A solicitor within the meaning of Regulation 3(a) shall be required to hold a practising certificate irrespective of any designations or titles assigned to that solicitor.
(c) A solicitor is obliged to fulfil and comply with all requirements in relation to an application and it shall be no defence for any solicitor to rely on any actions or inaction by any third party in respect of an application.
(d) A practising certificate shall be the property of the solicitor, regardless of who has paid the application fee.
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paragraphs: Application for a practising certificate
(a) An applicant solicitor shall make an application to the Registrar in such manner as is specified by the Society from time to time.
(b) An application pursuant to these Regulations shall include a completed Practising Certificate Application Form, payment of the full application fee in accordance with these Regulations, any information required pursuant to Regulation 4(c), if applicable, and shall comply with any guidelines issued by the Society in respect of applications for practising certificates from time to time.
(c) Without prejudice to the generality of Regulation 4(h) and Regulation 4(i), the Society may require an applicant solicitor to whom Section 49(1)(a) or Section 49(1)(b) of the Act of 1954 applies to provide such information as the Society may consider necessary and or appropriate as part of his or her application for a practising certificate.
(d) An application furnished by the applicant solicitor to the Society that does not comply with these Regulations shall be deemed incomplete and no practising certificate shall issue in respect of an incomplete application. A decision under this Regulation 4(d) may be appealed in accordance with the provisions of Section 47(6) of the Act of 1954.
(e) The Society may set a date in the preceding practice year from which applications for a practising certificate may be made for the next practice year.
(f) The Society shall refuse to issue a practising certificate to an applicant solicitor unless the applicant solicitor has furnished to the Society (or has had furnished to the Society on his behalf) written evidence of there being in force the prescribed minimum level of cover for indemnity against losses arising from claims against the solicitor as required by regulations in force under Section 26 of the Act of 1994 or pursuant to the provisions of section 23 of the Act of 1960 for the duration of the practice year (or part thereof) in respect of which the application is made.
(g) Without prejudice to the provisions of Regulation 11(c), the Society may refuse to issue a practising certificate to a solicitor who has not demonstrated that he or she is practising or intending to practise or who is not deemed to engage in the provision of legal services as provided for in Section 56(2) of the Act of 1994 in the State.
(h) The Registrar may seek such information or documentation from the applicant solicitor that may be required by the Registrar to enable the Registrar and/or the Society to make a determination as to whether a practising certificate should issue, having regard to the provisions of section 49 of the Act of 1954, including information in respect of the applicant solicitor’ s good standing, compliance with the Solicitors Acts 1954-2015 and the Act of 2015, any regulations made thereunder and any other legislation, applicable EU law, and codes of conduct that may apply from time to time.
(i) Nothing herein shall prevent the Society seeking such further or other information or documentation as it considers appropriate prior to the issuance of a practising certificate.
(j) Unless the Registrar is satisfied having regard to the provisions of Section 49 of the Act of 1954, the Solicitors Acts 1954-2015, the Act of 2015 and the rules and regulations made thereunder that there are reasonable grounds for not issuing a practising certificate to a solicitor following an application, the Registrar shall cause to be issued to the applicant solicitor a practising certificate which shall be dated either—
(i) 1 January in the practice year, where the practising certificate is issued prior to the relevant date; or
(ii) the date on which it is issued, where the practising certificate is issued after the relevant date.
(k) In the event that the Registrar is satisfied having regard to the provisions of Section 49 of the Act of 1954, the Solicitors Acts 1954-2015, the Act of 2015 and the rules and regulations made thereunder that there are reasonable grounds for not issuing a practising certificate to a solicitor, the Registrar shall refer the matter to the Regulation of Practice Committee for its consideration.
(l) If an issued practising certificate is dated after the relevant date and the solicitor has provided legal services in the same calendar year before the issue date of the practising certificate, an application shall be made by that solicitor in accordance with section 48(3) of the Act of 1954 to have his or her practising certificate backdated to 1 January of that practice year, or the date on which the solicitor commenced providing legal services in that practice year.
(m) Such application under Section 48(3) of the Act of 1954 shall not constitute a defence to any action (whether by the Society, the Authority or otherwise) in respect of the conduct of the solicitor in respect of any provision of legal services before the date of issue of a practising certificate.
(n) Where an application under section 48(3) of the Act of 1954 is required, the Society, pursuant to the provisions of Section 25(2)(b) of the Act of 1960, shall be entitled to seek the costs associated with the application from the solicitor, such costs to be measured by the President of the High Court.
(o) Only those solicitors whose practising certificate is issued by a date to be specified by the Society in that practice year shall be included in the Law Directory in respect of that practice year.
(p) Nothing in these Regulations shall be construed as amounting to any authorisation to practise prior to the date of issue of a practising certificate or without a practising certificate.
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paragraphs: Content of an Application
(a) The Registrar, at any time following delivery of an application to the Registrar by an applicant solicitor (whether or not a practising certificate has been issued by the Registrar to the applicant solicitor pursuant to these Regulations), may, where the Registrar deems it appropriate and reasonable to do so, require the applicant solicitor to confirm in whatever manner is required, to the Society the accuracy of all or any specified part or parts of the application, and/or to provide such other or further information or documentation as may be required by the Registrar.
(b) Where, on receipt by the Society of a confirmation or further information or documentation from an applicant solicitor under Regulation 5(a), the Registrar deems it appropriate and reasonable to do so, the Registrar may require the applicant solicitor to attend before a meeting of the Regulation of Practice Committee to further confirm the accuracy of all or any part of his or her application.
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paragraphs: Solicitors Ceasing to Practise
(a) A practising solicitor shall provide written notice to the Society on or before the end of the preceding practice year where that solicitor intends to cease practising in the following practice year.
(b) A practising solicitor shall provide written notice to the Society where the practising solicitor has ceased practising within 14 days immediately following cessation.
(c) A practising solicitor shall provide written notice to the Society where a practising solicitor intends to cease practising temporarily for a period of at least 3 months for any reason.
(d) The Society may seek such further or other information or documentation as it considers necessary in respect of any notice received under this Regulation 6.
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paragraphs: Change of Practice
(a) A practising solicitor shall notify the Society during the practice year of:
(i) any change in his/her place of business or places of business (in accordance with the provisions of Section 81 of the Act of 1954); and/or
(ii) any change in his or her practising status;
and must include the dates of such changes, the detail of the change (including the name and address of the new place of business).
(b) The Society may seek such further or other information or documentation as it considers necessary in respect of any notice received under this Regulation.
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paragraphs: Knowingly furnishing false and misleading information
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paragraphs: Application Fee
(a) The application fee shall be paid by each applicant solicitor to the Society in such manner as the Society may set out from time to time and shall contain or be accompanied by the name and solicitor number of the solicitor, an identifiable specific reference, such as the name of the firm or company in which he or she is practising and, where payment is permitted by EFT, a copy of the EFT form.
(b) Failure to comply with Regulation 9(a) will result in the application being deemed incomplete within the meaning of Regulation 4(d), notwithstanding that the application fee may have been received by the Society.
(c) The Society may prescribe the amount of any such application fee for each practice year or part thereof.