Solicitors (Compensation Fund) Regulations, 1963.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These regulations may be cited as the Solicitors (Compensation Fund) Regulations, 1963.
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paragraphs: These regulations shall come into operation on the 21st day of June, 1963. The Solicitors (Compensation Fund) Regulations, 1955 ( S.I. No. 234 of 1955 ) are hereby revoked.
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paragraphs: In these regulations the expression " the principal Act " means the Solicitors Act, 1954 ; the expression " the Act of 1960 " means the Solicitors (Amendment) Act, 1960 ; the expression " the Acts " means the Solicitors Act, 1954 and the Solicitors (Amendment) Act, 1960 ; the expression " the secretary " means the secretary or acting secretary for the time being of the Incorporated Law Society of Ireland ; other expressions have the meanings assigned to them in the Acts. References to " the Council " include any committee to which functions of the Council may for the time being be delegated under section 73 of the principal Act.
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paragraphs: The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these regulations as it applies for the purpose of the interpretation of an Act of the Oireachtas, except in so far as it may be inconsistent with the Acts or these regulations.
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paragraphs: Any person proposing to apply to the Society for a grant from the Compensation Fund in respect of a loss shall, as soon as practicable, and in any case within three months after the date when the loss first came to his knowledge, deliver to the secretary a notice in the form in CF. 1 in the schedule hereto, giving such particulars of the loss as he is at the time able to furnish. An application for a grant from the Compensation Fund in respect of a loss shall be made in, or substantially in, the form in CF. 2 in the schedule hereto, and shall be delivered to the secretary within six months from the date on which the loss first came to his knowledge.
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paragraphs: —(1) The Council, before deciding whether or not to make a grant out of the fund may require the applicant
(a) to bring the facts in connection with his claim to the attention of the Attorney General,
(b) to bring proceedings, including proceedings in bankruptcy, against the solicitor in respect of the loss and to exhaust all remedies against the solicitor and his estate,
(c) to make an application to the Disciplinary Committee for an inquiry.
(2) The Council may as a condition of making a grant from the Compensation Fund, require any person to answer all questionnaires, execute all documents and take all steps as may, in the opinion of the Council, be necessary to prove the claim or to protect the rights of the Society under section 21 (8) of the Act of 1960 and may require the applicant to verify any document by affidavit.
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paragraphs: A notice from the Society requiring the production or delivery of documents under section 19 (1) of the Act of 1960 shall be in form CF. 3 in the schedule hereto, and shall be sent to the solicitor and any other person known or believed to have the possession or control of such documents and in the case of a firm to each known member of the firm.
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paragraphs: The Council may waive any of the provisions of these regulations or permit the amendment in any respect of any notice, application or other document.
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paragraphs: Any notice from the Society or requirement of Council under these regulations may be communicated in the following manner
(a) it may be served—
(i) by delivering it to that person, or
(ii) by sending it by registered post in an envelope addressed to that person at his last known place of business or residence in the State or, if he is a solicitor, at the last address appearing in the register of practising solicitors.
(b) where that person is absent from the State or his whereabouts is unknown and cannot be ascertained by reasonable inquiries, or where the notice or document, having been sent by registered post in the manner specified in subparagraph (ii) of paragraph (a) of this regulation has been returned undelivered, the High Court may make such order for substituted or other service, or for the substitution for service of notice by advertisement or otherwise, as may seem just.