Solicitors Acts, 1954 To 1994 (Apprenticeship and Education) (Amendment) Regulations, 1995.

• Statutory Instrument No.: 102/1995

S.I. No. 102 of 1995.

SOLICITORS ACTS, 1954 to 1994 (APPRENTICESHIP AND EDUCATION) (AMENDMENT) REGULATIONS, 1995.

The Law Society of Ireland, in exercise of the powers conferred on them by Part IV (as amended by Part V of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 HEREBY MAKE the following Regulations— 1. ( a ) These Regulations may be cited as the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) (Amendment) Regulations, 1995.

( b ) These Regulations shall come into operation on the First day of May 1995.

( c ) The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1992 ( S.I. No. 9 of 1991 ), the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1992 ( S.I. No. 359 of 1992 ), the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment No. 2) Regulations, 1992 ( S.I. No. 360 of 1992 ), the Solicitor Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1993 ( S.I. No. 320 of 1993 ) and these Regulations may be cited together as the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1995, and shall be construed together as one set of Regulations. 2. In these Regulations—

"the Act" means the Solicitors Act, 1954 (No. 36 of 1954);

"the Act of 1960" means the Solicitors (Amendment) act, 1960 (No. 37 of 1960);

"the Act of 1994" means the Solicitors (Amendment) Act, 1994 (No. 27 of 1994);

"the 1991 Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 ( S.I. No. 9 of 1991 );

"the 1992 (Amendment) Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1992 (S.I. 359 of 1992);

"the 1992 (Amendment No. 2) Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment No. 2) Regulations, 1992 ( S.I. No. 360 of 1992 );

"the 1993 (Amendment) Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1993 ( S.I. No. 320 of 1993 );

"commencement date" means, in relation to a person who is required pursuant to Part IV of the Act (as amended by Part V of the Act of 1994) to be bound by indentures of apprenticeship to a practising solicitor, the date that is fourteen days after the date on which the later of the following occurs, namely—

( a ) such person duly completing the Professional Course or such part of the Professional Course as he has not been duly exempted from by the Committee; and

( b ) such person sitting the last of the individual examinations comprising the Final Examination — Second Part as he is required to sit and has not been duly exempted from by the Committee;

"he" and other cognate words denoting the masculine shall also include "she" and other cognate words denoting the feminine;

"practising solicitor" has the meaning assigned to it by section 29 (5) (as substituted by the Act of 1994) of the Act;

"the society" means the Law Society of Ireland.

( b ) In any amendment by substitution of the 1991 Regulations made by these Regulations, these Regulations may be referred to as "the 1995 Regulations".

( c ) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts, 1954 to 1994 and the 1991 Regulations.

( d ) Words and phrases to which meanings have been assigned by the 1991 Regulations shall have those meanings subject to any variation in meaning or wording thereto consequent on the passing of the Act of 1994.

( e ) The Interpretation Act, 1937 shall apply for the purpose of the interpretation of the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulation, 1991 to 1995, as it applies for the purpose of the interpretation of an act of the Oireachtas, except insofar as it may be inconsistent with the Act, the Act of 1960, the Act of 1994 or the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1991 to 1995. 3. Regulation 3 of the 1991 Regulations is hereby amended by:

( a ) the deletion of the definition of "apprentice" and the substitution therefor of the following:

" 'apprentice' means a person whose name has been entered in the Register of Apprentices and who has commenced his period of in-office training, and includes a person who has completed his period of in-office training but who has not yet been admitted as a solicitor; and, for the purposes of Regulation 26, also includes a person seeking to be admitted as a solicitor from the time he sits the First Irish Examination up to the time he is admitted as a solicitor;"

( b ) the deletion of the definition of "master" and the substitution therefor of the following:

" 'master' means a practising solicitor to whom an apprentice has been bound by indentures of apprenticeship (which have been registered in the Register of Apprentices following the issue of a written consent of the Society under Regulation 9 or Regulation 10, both as substituted by the 1995 Regulations) to serve as an apprentice for a period of in-office training and where the period of in-office training has commenced; AND "intended master" means a practising solicitor with whom a person has executed indentures of apprenticeship (which have been registered in the Register of Apprentices following the issue of a written consent of the Society under Regulation 9 or Regulation 10, both as substituted by the 1995 Regulations) to serve as an apprentice for a period of in-office training but where the period of in-office training has not yet commenced;"

( c ) the deletion of the definition of "in-office training" and the substitution therefor of the following:

" 'period of in-office training' means the period of attendance on a continuous and wholetime basis by an apprentice at the office of his master pursuant to Regulation 21 (a) (as substituted by the 1995 Regulations);"

( d ) the deletion of the definition of "recognised university" and the substitution therefor of the following:

" 'recognised degree' means a degree from any of the universities of Ireland, England, Scotland or Wales or a degree conferred or recognised by the National Council for Educational Awards under section 3 of the National Council for Educational Awards Act, 1979 ;" 4. The 1991 Regulations (as amended by the 1992 (Amendment) Regulations) are hereby amended by the substitution of the following for Regulation 8:

"8. A person seeking the consent of the Society to be bound by indentures of apprenticeship to a practising solicitor shall first:

( a ) have passed the First Irish Examination provided for in section 40 (3) (a) of the Act; and

( b ) have passed the Preliminary Examination, or been exempted therefrom by reason of:

(i) holding a recognised degree; or

(ii) holding a degree (not being an honorary degree) or other qualification which, in the opinion of the Committee in the particular case, is equivalent to a recognised degree; or

(iii) holding the degree of barrister-at-law from the Honourable Society of King's Inns, Dublin, or other professional qualification which, in the opinion of the Committee in the particular case, is equivalent thereto; or

(iv) having satisfied the Society that he is a law clerk within the meaning of section 26 (3) (as substituted by section 42 of the Act of 1994) of the Act and, in the opinion of the Committee in the particular case, is a person who has attained a standard of education and experience which is equivalent to the Preliminary Examination; and

( c ) have passed the Final Examination — First Part or been exempted therefrom pursuant to Regulation 15 or Regulation 24." 5. ( a ) The Second Schedule to the 1991 Regulations is hereby amended by the substitution therefor of the Schedule to these Regulations.

( b ) The Apprendix to the 1991 Regulations is hereby amended by the substitution therefor of the Appendix to these Regulations. 6. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 9:

"9. ( a ) A person who satisfies the requirements of Regulation 8 (hereinafter in this Regulation referred to as "the applicant") may apply to the Committee for consent to be bound by indentures of apprenticeship to a named practising solicitor (hereinafter in this Regulation referred to as "the proposed master"), and to do so shall furnish to the Society the following:

(i) an application for consent to enter into indentures of apprenticeship in the form set forth in Form 1 in the Schedule to the 1995 Regulations;

(ii) an official copy of the certificate of birth of the applicant;

(iii) evidence in a form acceptable to the Committee that the applicant has satisfied the requirements of Regulation 8;

(iv) evidence in a form acceptable to the Committee of the applicant's previous education and employment record and of his character; and

(v) a certificate of the proposed master in the form set forth in Form 2 in the Schedule to the 1995 Regulations.

( b ) The Committee may require the applicant to attend for interview (by such person or persons as is or are nominated by the Committee for that purpose) in exercise by the Society of their powers pursuant to the provisions of section 27 (as substituted by section 43 of the Act of 1994) of the Act.

( c ) The Committee may require the proposed master to attend for interview (by such person or persons as is or are nominated by the Committee for the purpose) in exercise by the Society of their powers pursuant to the provisions of section 29 (as substituted by section 44 of the Act of 1994), 31 and 40 (2) of the Act (or anyone or more of them).

( d ) Where the Committee is satisfied with the application, certificates and evidence furnished by the applicant pursuant to clause (a) of this Regulation and with the information obtained from any enquiries that the Committee may deem it proper to...