IE
S.I. No. 102/1995 - Solicitors Acts, 1954 To 1994 (Apprenticeship and Education) (Amendment) Regulations, 1995.
Table of Provisions (19)
Statutory Text (19 Articles)
1. I have duly attended on a continuous and wholetime basis and already completed at least ........... months of service of my period of in-office training at the office of my Master, ................ at ............................ in the County of ............... since its commencement on the .............. day of ................... 19 ...... , pursuant to my indentures of apprenticeship dated the ............. day of .................. 19 .............. .
2. During the aforesaid already completed period of in-office training I have only been absent for
(i) certified medical reasons or for statutory holidays (not exceeding in total .................. working days); [and]
*[(ii) ................... working days between ............ 19.......... and ............ 19............ by reason of ............................................................ ......... ............................................................ ..................]
3. I did not at any time during the aforesaid already completed period of in-office training hold any office or engage in any employment except employment under the aforesaid indentures of apprenticeship (other than with the prior consent in writing of my Master and of the Society, as follows ............................................................ ............*)
4. I have read the Statutory Declaration of my Master as to service by me of my aforesaid already completed period of in-office training, declared the ................. day of .................. 19 ....... (produced herewith), and I confirm the accuracy of the contents thereof.
Declared before me a Commissioner for Oaths/Practising Solicitor* by the Declarant who is personally known to me (or who is personally identified to me by
.................................................
Signature of Master/Declarant
............... who is personally known to me*) at ................. in the County of ................ this ...... day of ........... 19 ...... .
Signed ............................................ Commissioner for Oaths/Practising Solicitor.
*[Delete if inapplicable].
EXPLANATORY NOTE.
The principal purpose of the Instrument is to provide for the term of service under indentures of apprenticeship of persons or specified categories of persons seeking to be admitted as solicitors and to amend The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 (
S.I. No. 9 of 1991
) in relation to the requirements for becoming bound by indentures of apprenticeship and in relation to the required courses of education or training (or both) and the required examinations for persons seeking to be admitted as solicitors.
5. The coming into effect of these indentures of apprenticeship and the commencement of the period of in-office training is conditional upon the Apprentice duly completing the Society's Professional Course and sitting the individual examinations comprising the Society's Final Examination — First Part as (s)he will be required to sit AND in the event of the Apprentice not satisfying these conditions precedent within a period of three years following the date hereof then these indentures of apprenticeship may (subject to at least two months prior notice in writing to that intended effect being served by either party hereto on the other and on the Society) be treated by either party hereto as having been at all times wholly inoperative.
Termination.
6. During the aforesaid already completed period of in-office training
(
a
) I permitted the Apprentice to maintain a record of work done, instruction received and experience obtained by the Apprentice (for production by the Apprentice to myself and to the Society, if so requested);
(
b
) I ensured adequate arrangements for appropriate guidance of the Apprentice, including access by the Apprentice to myself (or (an)other supervising solicitor(s) within my office*), on a day-to-day basis;
(
c
) I made suitable arrangements to monitor the Apprentice's progress on a regular basis and to discuss (or arranged for (an)other supervising solicitor(s) within my office to discuss*) that progress with the Apprentice;
*[Delete if inapplicable].
**[List areas of legal practice for Block 1, Block 2 and/or Block 3].
(
d
) I made prompt and adequate arrangements to deal with any reasonable personal concerns of the Apprentice in relation to his/her aforesaid already completed period of in-office training.
7. I know of nothing which would suggest that the Apprentice is not a fit and proper person to be admitted as a solicitor.
8. The Apprentice has not, during the aforesaid already completed period of in-office training, held any office or engaged in any employment other than employment under the aforesaid indentures of apprenticeship (except in the following respects ....................... *)
9. I make this SOLEMN DECLARATION conscientiously believing the same to be true and by virtue of the provisions of the
Statutory Declarations Act, 1938
and for the satisfaction of the Society.
Declared before me a Commissioner for Oaths/Practising Solicitor* by the Declarant who is personally known to me (or who is personally identified to me by
....................................................
Signature of Master/Declarant
............... who is personally known to me*) at ................. in the County of ................ this ...... day of ........... 19 ...... .
Signed ............................................
Commissioner for Oaths/Practising Solicitor*
*[Delete if inapplicable].
FORM 6
STATUTORY DECLARATION OF APPRENTICE AS TO SERVICE OF ALREADY COMPLETED PERIOD OF IN-OFFICE TRAINING.
I ............................................................ ............................................................ .........
of ............................................................ ............................................................ .......
in the County of .................................DO SOLEMNLY AND SINCERELY DECLARE as follows
10. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 19
"19. (
a
) The Professional Course means the first vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to the 1995 Regulations as are specified by the Committee, together with such additional subjects as may be specified from time to time by the Committee.
(
b
) A person who has complied with the provisions of Regulation 18 (as substituted by the 1995 Regulations) shall be required to attend the Professional Course at such time and for such period as shall be determined and duly notified to him by the Committee."
11. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 20
"20. (
a
) The Final Examination — Second Part (which may be in one or more sections) shall be held during or after each Professional Course.
(
b
) The individual examinations comprising the Final Examination — Second Part shall be those specified from time to time by the Committee from amongst the subjects set forth in the Appendix to the 1995 Regulations and such additional subjects as may be specified from time to time by the Committee.
(
c
) The pass mark shall be 50% in each individual examination comprising the Final Examination — Second Part.
(
d
) The Committee shall take all reasonable and appropriate steps to procure that—
(i) as soon as practicable after the conclusion of each individual examination comprising the Final Examination — Second Part, the results thereof are to hand and are communicated to each examination candidate concerned; and
(ii) as soon as practicable after the conclusion of all the individual examinations comprising the Final Examination — Second Part, the overall results of the Final Examination — Second Part are declared by the Committee.
(
e
) An apprentice or other person who does not pass any one or more of the individual examinations comprising the Final Examination — Second Part shall not be declared by the Committee to have passed the Final Examination — Second Part.
(
f
) (i) The Committee shall procure that a person, who has duly attended the Professional Course and has sat the individual examinations comprising the Final Examination — Second Part but who has not been declared by the Committee to have passed the Final Examination — Second Part by reason of not having passed any one or more of the individual examinations comprising the Final Examination — Second Part, shall, subject to sub-clause (ii) of this clause, be reasonably provided with the opportunity of re-sitting such individual examination or examinations as he is required by the Committee to re-sit (whether during his period of in-office training or following the completion thereof) within a period of not more than six months after his having previously sat and not passed the individual examination or examinations in question;
(ii) Where the format or content of an individual examinatin or examinations comprising the Final Examination — Second Part has been changed (whether by addition, deletion, substitution or amalgamation of subjects), the Committee, in its discretion, may direct that a person who is required to re-sit one or more individual examinations by reason of not having passed same in a previous sitting of the Final Examination— Second Part, shall sit (or re-sit) an individual examination or examinations designated by the Committee which is (or are), in the opinion of the Committee, as near as may be equivalent to the individual examination or examinations he had not passed in the previous sitting of the Final Examination — Second Part in question.
(
g
) A person to whom clause (
f
) of this Regulation applies—
(i) shall, subject to sub-clause (ii) of clause (
f
), be required to pass each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination — Second Part; and
(ii) may, if required and subject to sub-clause (ii) of clause (
f
), re-sit more than once the one or more of the individual examinations in question (whether during his period of in-office training or following the completion thereof).
(
h
) The Committee shall, on the application of either an apprentice to whom clause (f) of this Regulation applies or his master, adjudicate on any dispute arising between the apprentice and his master by reason of the apprentice, during his period of in-office training, having to take time off to prepare for the re-sitting of one or more of the individual examinations comprising the Final Examination — Second Part."
12. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 21
"21. (
a
) An apprentice shall, subject to clause (
b
) of this Regulation and to Regulation 22 (
c
) (as substituted by the 1995 Regulations), be required to attend on a continuous and wholetime basis at the office of his master for a period of two years, commencing on the commencement date, for the purpose of serving a
bona fide
apprenticeship; including receiving due instruction and obtaining experience in the practice of law and in the practice and profession of a solicitor, as more particularly specified in the form of indentures of apprenticeship set forth in Form 3 in the Schedule to the 1995 Regulations.
(
b
) Notwithstanding the provisions of clause (a) of this Regulation, an apprentice may, with the prior consent in writing of his master and of the Committee, during his period of in-office training for a duration of time not exceeding six months, hold an office or engage in employment in Ireland or abroad, which, in the opinion of the Committee in the particular case, would be advantageous to such apprentice in the furtherance of his education or training (or both) and his preparation for admission to the solicitors' profession.
(
c
) Subject to Regulation 22 (
c
), an apprentice shall not be entitled to be admitted to the Law School to attend the Advanced Course if he has not, in the opinion of the Committee in the particular case, duly completed his period of in-office training.
(
d
) The Committee may request an apprentice or his master (or both) to attend for interview (whether separately or together) before the Committee for the purpose of reviewing any aspect of the period of in-office training of the apprentice.
(
e
) Where the Committee is not satisfied as to the adequacy of the period of in-office training of the apprentice, the Committee may require the apprentice to attend for a further period of in-office training either at the office of his master or at the office of another practising solicitor nominated by the apprentice or his master or the Society and approved by the Committee.
(
f
) Where, following upon an interview conducted pursuant to clause (
d
) of this Regulation, the Committee is 'prima facie' of opinion that a master has unjustifiably failed to comply with his covenants and agreements with an apprentice contained in the indentures of apprenticeship executed by both the master and the apprentice, the Society may make application to the Disciplinary Tribunal pursuant to section 7 (as substituted by section 17 of the Act of 1994) of the Act of 1960 for an inquiry into the conduct of the master in that regard on the ground of alleged misconduct.
(
g
) Where, following upon an interview conducted pursuant to clause (
d
) of this Regulation, the Committee is 'prima facie' of opinion that an apprentice has unjustifiably failed to comply with his covenants and agreements with his master contained in the indentures of apprenticeship executed by both the apprentice and his master, the Committee may decide to enter upon a consideration of the matter as if it were a complaint of alleged misconduct made against the apprentice pursuant to Regulation 26 and, upon the Committee so deciding, the matter shall then proceed in accordance with the provisions of Regulation 26."
13. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 22
"22. (
a
) The Advanced Course means the second vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to the 1995 Regulations as are specified from time to time by the Committee, together with such additional subjects as may be specified from time to time by the Committee.
(
b
) An apprentice, who has been declared by the Committee to have passed the Final Examination— Second Part and has duly completed his period of in-office training pursuant to Regulation 21, shall be entitled to be admitted to the Law School to attend the Advanced Course and shall be required to attend the Advanced Course at such time and for such period as shall be determined and duly notified to him by the Committee.
(
c
) Notwithstanding the provisions of Regulation 21 (
a
) and clause (
b
) of this regulation, an apprentice may, with the prior consent in writing of his master (such consent not to be unreasonably withheld) and subject to otherwise complying with the provisions of clause (
d
) of this Regulation, attend the Advanced Course on a full-time release basis during his period of in-office training, provided that the apprentice has, at the date of commencement of the Advanced Course in question, duly completed at least eighteen months of his period of in-office training.
(
d
) An apprentice who complies with the provisions of clause (
b
) of this Regulation shall, before being admitted to the Advanced Course, furnish evidence of service of his period of in-office training by submitting to the Society
(i) A statutory declaration by his master in the form set forth in Form 5 in the Schedule to the 1995 Regulations; and
(ii) A statutory declaration by the apprentice in the form set forth in Form 6 in the Schedule to the 1995 Regulations."
14. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 23
"23. (
a
) The Final Examination — Third Part (which may be in one or more sections) shall be held during or after each Advanced Course.
(
b
) The individual examinations comprising the Final Examination — Third Part shall be those specified from time to time by the Committee from amongst the subjects set forth in the Appendix to the 1995 Regulations and such additional subjects as may be specified from time to time by the Committee.
(
c
) The pass mark shall be 50 per cent in each individual examination comprising the Final Examination — Third Part".
(
d
) The Committee shall take all reasonable and appropriate steps to procure that—
(i) as soon as practicable after the conclusion of each individual examination comprising the Final Examination — Third Part, the results thereof are to hand and are communicated to each examination candidate concerned, and
(ii) as soon as practicable after the conclusion of all the individual examinations comprising the Final Examination — Third Part, the overall results of the Final Examination — Third Part are declared by the Committee.
(
e
) A person who does not pass any one or more of the individual examinations comprising the Final Examination — Third Part shall not be declared by the Committee to have passed the Final Examination — Third Part.
(
f
) (i) The Committee shall procure that an apprentice or other person, who has duly attended the Advanced Course and has sat the individual examinations comprising the Final Examination — Third Part but who has not been declared by the Committee to have passed the Final Examination — Third Part by reason of not having passed any one or more of the individual examinations comprising the Final Examination — Third Part, shall, subject to sub-clause (ii) of this clause, be reasonably provided with the opportunity of re-sitting such individual examination or examinations as he is required by the Committee to re-sit within a period of not more than six months after his having previously sat and not passed the individual examination or examinations in question.
(ii) Where the format or content of an individual examination or examinations comprising the Final Examination — Third Part has been changed (whether by addition, deletion, substitution or amalgamation of subjects), the Committee, in its discretion, may direct that a person who is required to re-sit one or more individual examinations by reason of not having passed same in a previous sitting of the Final Examination — Third Part, shall sit (or re-sit) an individual examination or examinations designated by the Committee which is (or are), in the opinion of the committee, as near as may be equivalent to the individual examination or examinations he had not passed in the previous sitting of the Final Examination — Third Part in question.
(
g
) A person to whom clause (f) of this Regulation applies—
(i) shall, subject to sub-clause (ii) of clause (f), be required to pass each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination— Third Part;
(ii) may, if required and subject to sub-clause (ii) of clause (
f
), re-sit more than once the one or more of the individual examinations in question."
15. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 24
"24. Without prejudice to the generality of the provisions of sections 43 (as substituted by section 51 of the Act of 1994) and 44 (as substituted by section 52 of the Act of 1994) of the Act and section 80 of the Act of 1994, the Committee may, in its discretion, exempt from the Final Examination or any part thereof, or from any individual examination or examinations comprising the Final Examination or any part thereof, the following
(
a
) A person who has been called to the bar of Ireland; or
(
b
) A person who is a solicitor in another jurisdiction; or
(
c
) A person who is a member of a profession in another jurisdiction which, in the opinion of the Committee in the particular case, corresponds substantially to the profession of solicitor; or
(
d
) A person with a record of distinguished legal academic achievement."
16. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 25
"25. Without prejudice to the generality of section 43 (3) (as substituted by the Act of 1994) of the Act, a person who has been called to the bar of Ireland and has practised as a barrister in the State at some time for a continuous period of at least three years, or is deemed pursuant to section 43 (6) (as substituted by the Act of 1994) of the Act to have so practised at some time for a similar continuous period, shall be required
(
a
) to attend the Professional Course or such parts of the Professional Course as he has not been exempted from by the committee;
(
b
) to attend on a continuous and wholetime basis at the office of a practising solicitor nominated by such person and approved by the Committee for a total period of at least six months for the purpose of receiving due instruction and obtaining experience in the practice and profession of a solicitor; and
(
c
) to attend the Advanced Course or such parts of the Advanced Course as he has not been exempted from by the Committee."
17. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 27
"27. (
a
) Subject to the provisions of the Act (as amended by the Act of 1994) and to the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1991 to 1995, a person shall not be admitted as a solicitor unless
(i) he has duly attended (or been duly exempted from so attending) the Professional Course and the Advanced Course; and
(ii) he has duly passed (or been exempted in whole or in part from passing) each of the examinations specified in the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1991 to 1995; and
(iii) he has duly completed a period of in-office training; and
(iv) He has satisfied the Society that he is a fit and proper person to be admitted as a solicitor.
(
b
) An apprentice to whom Regulation 8 (
b
) (i) or (
b
) (ii) of the 1995 Regulations applies, who has duly completed a period of at least eighteen months of in-office training between his completing the Professional Course and his having been admitted to the Advanced Course, shall—
(i) be deemed to have duly completed a period of in-office training pursuant to sub-clause (iii) of clause (
a
) of this Regulation; and
(ii) be deemed to have duly served his term of service under indentures of apprenticeship upon his duly complying with the provisions of sub-clauses (i), (ii) and (iv) of clause (
a
) of this Regulation."
18. Regulation 29 of the 1991 Regulations is hereby rescinded.
Dated this 12th day of April, 1995.
Signed on behalf of the Law Society of Ireland pursuant to
section 79
of the
Solicitors Act, 1954
PATRICK A. GLYNN,
President of the Law Society of Ireland.
I concur, to the extent required pursuant to Section 40 (7) (as inserted by the
Solicitors (Amendment) Act, 1994
) of the
Solicitors Act, 1954
, with the making of the within Regulations.
Dated this 26th day of April, 1995.
NORA OWEN, T.D.
Minister for Justice.
APPENDIX.
Accountancy.
Advocacy.
Commercial Law.
Company Law.
Conveyancing.
Criminal Law and Procedure.
Employment Law.
European Union Law.
Evidence.
Family Law.
Human Rights.
Insolvency Law.
Intellectual Property Law.
Investment/Finance Management.
Landlord and Tenant Law.
Law of Trusts.
Lawyers' Skills, including Interviewing, Research, Drafting and Negotiation.
Litigation.
Management.
Partnership Law.
Pensions Law.
Planning and Environmental Law.
Professional Conduct.
Revenue Law and Taxation.
Social Welfare Law.
Wills, Probate and Administration of Estates.
SCHEDULE
FORM 1.
APPLICATION FOR CONSENT TO ENTER INTO INDENTURES OF APPRENTICESHIP.
I ............................................................ ............................................................ .......... of............................................................ ............................................................ .........
in the County of............................................................ .................hereby apply to the Law Society of Ireland ("the Society") for consent to enter into indentures of apprenticeship with .................. , Solicitor, of .................. in the County of ................... , for a term of service thereunder of two years to commence on the date that will be fourteen days after the date on which the later of the following occurs, namely, my duly completing the Society's Professional Course and my sitting the last of the individual examinations comprising the Society's Final Examination— Second Part as I will be required to sit.
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—