Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991.

JurisdictionIreland
CitationIR SI 9/1991
Year1991

S.I. No. 9 of 1991.

THE SOLICITORS ACTS, 1954 AND 1960 (APPRENTICESHIP AND EDUCATION) REGULATIONS, 1991.

The Incorporated Law Society of Ireland in exercise of the powers conferred on it by Sections 4,5, and 40 of the Solicitors Act, 1954 , hereby makes the following Regulations:—

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1. These Regulations may be cited as the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991.

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2. These Regulations (other than Regulation 16) shall come into operation on the 18th day of January, 1991 and thenceforth the regulations cited in the First Schedule to these Regulations shall stand revoked.

3 Definitions.

3. In these Regulations—

"the Act" means the Solicitors Act 1954 ;

"the Advanced Course" means the course of study provided for in Regulation 22 (a);

"annual general meeting" means the general meeting of the Society held each year in the month of November;

"apprentice" means a person whose name has been entered in the Register of Apprentices and has not yet been admitted to the Roll of Solicitors, irrespective of whether or not the period of apprenticeship of such person as a solicitor's apprentice provided for in the Second Schedule to the Act has expired;

"appropriate degree course" means a course conducted at one of the Universities specified in Regulation 15 (a);

"the Committee" means the education committee appointed pursuant to Regulation 5 (a);

"the Council" means the Council of the Society;

"Director of Education" means the director of education appointed pursuant to Regulation 17 and, for the purposes of Regulation 26 (e), includes the Director of Training or such other person who, in the absence of the Director of Education and the Director of Training, may be authorised by the Committee to carry out the functions of the Director of Education;

"Director of Training" means the director of training appointed pursuant to Regulation 17 who, in the absence of the Director of Education shall also be entitled to carry out the functions of the Director of Education;

"Disciplinary Committee" means the disciplinary committee established pursuant to section 6 of the Solicitors (Amendment) Act, 1960 ;

"Education Advisory Committee" means the education advisory committee appointed pursuant to Regulation 7 (a);

"the Final Examination" means the examination, comprising three parts, referred to in Regulation 13 (a);

"the Final Examination — First Part" means the first part of the Final Examination provided for in Regulation 13 (a);

"the Final Examination — Second Part" means the second part of the Final Examination provided for in Regulation 13 (a);

"the Final Examination — Third Part" means the third part of the Final Examination provided for in Regulation 13 (a);

"the First Irish Examination" means the first examination in the Irish language provided for in Regulation 11 (a);

"he" and other cognate words denoting the masculine, when used in these Regulations, shall also include "she" and other cognate words denoting the feminine;

"in-office training" means the periods of attendance by an apprentice in a solicitor's office provided for in Regulation 21;

"the Law School" means the law school maintained by the Society pursuant to Regulation 17;

"master" means the practising solicitor to whom an apprentice has been bound by indentures of apprenticeship to serve as a solicitor's apprentice for the appropriate term provided for in the Second Schedule to the Act, provided that such indentures have been entered in the Register of Apprentices;

"member of the Council" means a serving member of the Council, whether serving as an elected member of the Council or as an elected provincial delegate or as an appointed extraordinary member of the Council;

"the Preliminary Examination" means the preliminary examination provided for in Regulation 12;

"prescribed fees" means the fees prescribed by regulations made pursuant to section 82 of the Act;

"prescribed form" means a form prescribed in the Second Schedule to these Regulations;

"the Professional Course" means the course of study provided for in Regulation 19 (a);

"recognised university" means any one of the universities in Ireland (including Northern Ireland), England, Scotland or Wales;

"Register of Apprentices" means the register maintained by the Registrar pursuant to section 28 (1) of the Act;

"the Registrar" means the holder of the office of registrar of solicitors appointed by the Society pursuant to section 8 of the Act;

"Regulation" means a regulation in these Regulations;

"the Regulations of 1975" means the Solicitor's Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1975 ( Statutory Instrument No. 66 of 1975 ), revoked pursuant to Regulation 2;

"rules of the law school" means the rules prescribed by the Committee for the operation of the Law School pursuant to Regulation 17 (e);

"the Second Irish Examination" means the second examination in the Irish language provided for in Regulation 11 (a);

the singular includes the plural where the context so permits;

"the Society" means The Incorporated Law Society of Ireland;

"Society examination" means any examination conducted by the Society pursuant to these Regulations or the Act;

"solicitor" means a solicitor of the Courts of Justice.

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4. 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 Act or these Regulations.

5 Education committee.

5. ( a ) At the first meeting of the Council to be held after the Annual General Meeting of the Society each year, the Council shall appoint an education committee consisting of ten members of the Council, including the President, the Senior Vice-President and the Junior Vice-President respectively, of the Society.

( b ) The members of the Committee shall take office immediately upon appointment and shall hold office until the appointment of their successors. Outgoing members shall be eligible for re-appointment. Three members of the Committee shall form a quorum.

( c ) A vacancy arising on the Committee may be filled by the Council at any time and a member appointed to fill the vacancy shall hold office until the first meeting of the Council to be held after the next following annual general meeting of the Society.

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6. ( a ) The Committee shall have such powers and duties, in addition to those conferred or imposed upon it by these Regulations, as may be delegated to it by the Council from time to time.

( b ) Without prejudice to the generality of clause (a) of this Regulation, the Committee is empowered to:

(i) appoint lecturers to the Society and such other personnel as may be necessary for the operation of the Law School upon such terms and conditions and with such remuneration as the Committee may approve;

(ii) appoint examiners to the Society upon such terms and conditions and with such remuneration as the Committee may approve;

(iii) terminate the appointment of any such lecturers or examiners;

(iv) prescribe the courses of study and training to be followed by apprentices;

(v) extend or diminish the range of subjects included or to be included in the Appendix to these Regulations;

(vi) prescribe the syllabi for and the rules of conduct to be observed by persons sitting a Society examination;

(vii) prescribe the standards to be attained at any of the Society examinations and, following consultation with the examiners concerned, determine whether those standards have been attained;

(viii) consider the reports of the examiners concerned and declare the results of any of the Society examinations;

(ix) determine the number of attempts which a person may make at any Society examination;

(x) permit any person to attend a Society examination;

(xi) exempt any person from attendance at the courses of study comprising either the Professional Course or the Advanced Course, or any part thereof;

(xii) excuse any person for non-attendance at the courses of study comprising either the Professional Course or the Advanced Course, or any part thereof;

(xiii) prescribe forms in respect of the educational functions of the Society;

(xiv) authorise the acceptance of any form or notice, notwithstanding that it may not comply with a prescribed form.

7 Education advisory committee.

7. ( a ) At the first meeting of the Committee to be held after the annual general meeting of the Society each year, the Committee shall appoint, as a sub-committee of the Committee, an education advisory committee consisting of not more than twelve persons of whom not more than four shall be members of the Council.

( b ) The members of the Education Advisory Committee shall take office immediately upon appointment and shall hold office until the appointment of their successors. Outgoing members shall be eligible for re-appointment. Three members of the Education Advisory Committee shall form a quorum.

( c ) A vacancy arising on the Education Advisory Committee may be filled by the Committee at any time and a member appointed to fill a vacancy shall hold office as a member of the Education Advisory Committee until the first meeting of the Committee to be held after the next following annual general meeting of the Society.

( d ) The Education Advisory Committee shall perform such advisory functions as shall be allocated to it by the Committee.

8 Apprenticeship.

8. ( a ) A person, to be capable of being bound by indentures of apprenticeship to serve as an apprentice to a solicitor, must have passed the First Irish Examination and must:

(i) hold a degree (not being an honorary degree) of bachelor of arts or bachelor of laws of a recognised university; or,

(ii) hold the degree of barrister-at-law awarded by the Honourable Society of...

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