Legal Services Regulation Act 2015

Application to High Court for order in respect of failure to comply with direction under section 127

128. (1) Where a limited liability partnership fails to comply with a direction under section 127 , the Authority may apply to the High Court for an order—

(a) requiring the partnership to comply with the direction,

(b) suspending the authorisation issued under section 125 , or

(c) revoking the authorisation issued to that partnership under section 125 .

(2) An application under subsection (1) shall be on notice to the limited liability partnership concerned.

(3) The High Court, on hearing an application for an order under subsection (1) may make an order—

(a) directing the limited liability partnership to comply with the direction under section 127 , or

(b) setting aside the direction.

(4) The High Court, on hearing an application for an order referred to in subsection (1)(b), may make an order suspending the authorisation issued under section 125 to the limited liability partnership concerned for such period as is specified in the order and subject to such conditions (if any) as the Court may specify.

(5) The High Court, on hearing an application for an order referred to in subsection (1)(c), may make an order—

(a) suspending the authorisation issued under section 125 to the limited liability partnership concerned for such period as is specified in the order and subject to such conditions (if any) as the Court may specify, or

(b) revoking the authorisation issued under section 125 to the limited liability partnership concerned.

(6) The jurisdiction vested in the High Court under this section shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf.

(7) The Authority or the limited liability partnership concerned may appeal to the Court of Appeal against an order of the High Court made under this section not later than 21 days from the date of the making of the order and, unless the High Court or the Court of Appeal otherwise directs, the order of the High Court shall have effect pending the determination of such appeal.

(8) Where an order is made by the High Court under subsection (3) or (4), the Authority shall as soon as practicable thereafter cause—

(a) a notice to be published in Iris Oifigiúil stating the effect of the order, and

(b) such notice to be published in such other manner as the Authority may consider appropriate.