Solicitors (Continuing Professional Development) Regulations 2015

• Jurisdiction: Ireland
• Year: 2015
• Citation: IR SI 480/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th November, 2015.

The Law Society of Ireland in exercise of the powers conferred on it by Sections 5 and 40 (as amended by Section 49 of the Solicitors (Amendment) Act 1994 ) of the Solicitors Act 1954 and with the concurrence of the Minister for Justice and Equality hereby make the following Regulations:

Citation and commencement

1. (a) These Regulations may be cited as the Solicitors (Continuing Professional Development) Regulations 2015.

(b) These Regulations shall come into operation on the first day of January 2016 and thenceforth, subject to paragraph (c) of this Regulation, the Solicitors (Continuing Professional Development) Regulations 2012 ( S.I. No. 501 of 2012 ) (“the 2012 Regulations”) and the Solicitors (Continuing Professional Development) (Amendment) Regulations 2014 ( S.I. No. 329 of 2014 ) (“the 2014 Regulations") shall stand revoked.

(c) The 2012 Regulations shall—

(i) in respect of an application to the Society by a solicitor for a practising certificate for all or any part of the practice year commencing on the first day of January 2016, insofar as it relates to the requirements of the 2012 Regulations to undertake at least sixteen hours of continuing professional development during the period commencing on the first day of January 2015 and ending on the thirty-first day of December 2015, and/or

(ii) in respect of any solicitor who prior to the date of coming into operation of these Regulations has become the subject matter of an investigation by the Education Committee or any inquiry by the Solicitors Disciplinary Tribunal which is continuing as of the thirty-first day of December 2015 as to:

(I) the alleged breach of the requirements of the 2012 Regulations to undertake at least sixteen hours of continuing professional development during the period commencing on the first day of January 2015 and ending on the thirty-first day of December 2015; and/or

(II) the alleged breach of the requirements of the 2012 Regulations to undertake at least fifteen hours of continuing professional development during the period commencing on the first day of January 2014 and ending on the thirty-first day of December 2014; and/or

(III) the alleged breach of the requirements of the 2012 Regulations to undertake at least fourteen hours of continuing professional development during the period commencing on the first day of January 2013 and ending on the thirty-first day of December 2013; and/or

(IV) the alleged breach of the requirements of the Solicitors (Continuing Professional Development) Regulations 2009 ( S.I. No. 452 of 2009 ) (“the 2009 Regulations”) to undertake at least thirteen hours of continuing professional development during the period commencing on the first day of January 2012 and ending on the thirty-first day of December 2012; and/or

(V) the alleged breach of the requirements of the 2009 Regulations to undertake at least twelve hours of continuing professional development during the period commencing on the first day of January 2011 and ending on the thirty-first day of December 2011; and/or

(VI) the alleged breach of the requirements of the 2009 Regulations to undertake at least eleven hours of continuing professional development during the period commencing on the first day of January 2010 and ending on the thirty-first day of December 2010

- remain in full force and effect.

Definitions

2. (a) In these Regulations:—

“accounting and anti-money laundering compliance” means compliance with the Solicitors Accounts Regulations 2014 and, insofar as they relate to solicitors, the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013 (and any subsequent statutory modifications of such Acts);

“anti-money laundering compliance partner” means a solicitor who is a partner in a solicitors practice which is a partnership of solicitors who is nominated from time to time by the members of the partnership and notified in writing to the Society as the partner responsible for ensuring that the requirements of the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013 (and any subsequent statutory modifications of such Acts) are complied with in relation to the solicitors practice, whether or not such partner has also been so nominated as the compliance partner, provided that where the Society has not been so notified in writing of such a nomination, then for the purposes of these Regulations “anti-money laundering compliance partner” means each and every partner in such solicitors practice;

“compliance partner” means a solicitor who is a partner in a solicitors practice which is a partnership of solicitors who is nominated from time to time by the members of the partnership and notified in writing to the Society as the partner responsible for completing and signing on behalf of all the partners the Form of Acknowledgement in respect of each reporting accountant’s report furnished to the Society in relation to the solicitors practice pursuant to the Solicitors Accounts Regulations 2014, whether or not such partner has also been so nominated as the anti-money laundering compliance partner;

“continuing professional development” means further education or training (or both) to a solicitor, whether relating to law or to management and professional development skills or to regulatory matters, intended to develop the solicitor in his or her professional knowledge, skills and abilities, and may be referred to in common usage as “CPD”;

“Council” means the Council of the Society;

“e-learning” means the provision of education or training (or both) that is generated, communicated, processed, sent, received, recorded, stored and/or displayed by electronic means or in electronic form, and includes education or training (or both) provided through:

(i) the internet or other computer network connections, sound only or sound and vision formats, or a combination thereof;

(ii) the provision of an electronic file, a CD-Rom and/or a DVD;

(iii) other technologies or formats.

“Education Committee” means the education committee appointed annually by the Council;

“electronic” includes electrical, digital, magnetic, optical, electromagnetic, biometric, photonic and any other form of related technology;

“first cycle” means the period from the first day of January 2016 until the thirty-first day of December 2016;

“group study” means physical attendance at an organised structured session of continuing professional development undertaken in a group of three or more persons that lasts for a period of not less than thirty minutes, whether undertaken by means of lecture, workshop, seminar, tutorial or diploma or certificate course or in such other manner as may be more particularly defined and specified in the Scheme;

“management and professional development skills” includes education or training (or both) in any one or more of, or a combination of, the following areas:

(i) financial and business management,

(ii) practice management,

(iii) self-management,

(iv) client care,

(v) Irish or English language enhancement as it relates to the practice of law,

(vi) foreign language enhancement as it relates to the practice of law, as may be more particularly defined and specified in the Scheme;

“newly admitted solicitor” means a solicitor who has been admitted to the Roll for less than twelve months prior to the commencement of the first cycle or the second cycle;

“Regulation” means a regulation in these Regulations;

“regulatory matters” means matters relating to the regulation of solicitors, including:

(a) Solicitors Acts 1954 to 2011 and regulations made thereunder;

(b) accounting and anti-money laundering compliance;

(c) the Society’s Guidance Notes for Solicitors on Anti-Money Laundering Obligations;

(d) risk management;

(e) the Guide to Professional Conduct of Solicitors in Ireland;

(f) professional ethics and the maintenance of standards of best practice in complying with regulatory obligations;

(g) the processing of complaints against solicitors by the Society and the functions of the Solicitors Disciplinary Tribunal and the courts in relation thereto;

“Roll” means the roll of solicitors maintained by the Society pursuant to section 9 (as substituted by section 65 of the Solicitors (Amendment) Act 1994 ) of the Solicitors Act 1954 ;

“senior practitioner” means a solicitor who has been admitted to the Roll for at least forty years as of the thirty-first day of December in the year immediately preceding the first cycle or the second cycle;

“Scheme” means the scheme of continuing professional development of the...