S.I. No. 718/2005 - The European Communities (Lawyers' Establishment) Regulations, 2003 (Qualifying Certificate 2006) Regulations, 2005

1. This application must be duly completed by an applicant lawyer seeking a registered lawyer's qualifying certificate who is intending to engage in the State during the practice year ending 31

st

December 2006 in the provision of legal services whether as a sole practitioner or as a partner in a solicitor's or registered lawyer's practice or as an employee of any solicitor or registered lawyer or of any other person or body, including an applicant who does not require a qualifying certificate by reason of being a lawyer in the full-time service of the State [within the meaning of

section 54

of the

Solicitors Act, 1954

, as substituted by

section 62

of the

Solicitors (Amendment) Act, 1994

] or by reason of being a lawyer employed full-time in the State to provide conveyancing services only to and for his/her non-solicitor or non-registered lawyer employer [section 56,

Solicitors (Amendment) Act, 1994

].

2. The practice year coincides with the calendar year. A Qualifying Certificate must be received by the Registrar at the Society's premises at Blackhall Place, Dublin 7 on or before Wednesday, 1st February 2006 in order for the qualifying certificate to be dated 1st January 2006 and thereby to operate as a qualification to practise from the commencement of the practice year 2006. A Qualifying Certificate issued after the 1

st

February 2006 must

[under Section 48 as amended by

Section 55

of the

Solicitors (Amendment) Act, 1994

, of the

Solicitors Act, 1954

]

bear the date on which the application is actually received by the Registrar. In April 2006, a listing of registered lawyers holding Qualifying Certificates as at 31st March 2006 will be forwarded to each County Registrar, District Court Clerk, Taxing Master and Bar Association.

3. The Registration Fee and the Compensation Fund Contribution are required to be paid by each applicant lawyer seeking a registered lawyer's qualifying certificate.

4. An applicant lawyer applying for his/her first qualifying certificate during the practice year 2006 may calculate the Registration Fee and the Compensation Fund Contribution payable by him/her on the basis of the number of full calendar months remaining in that practice year following the month of his/her application; and the registered lawyer's membership subscription in respect of that practice year (or part thereof) shall be at the reduced rate of €20.

5. The first cycle of Continuous Practice Development (CPD) commenced on 1

st

July 2003 and ended on 31

st

December 2005 during which a practising lawyer is required to have completed at least 20 hours of CPD in accordance with the CPD Scheme, as provided for in

S.I. No. 37 of 2003

. Completion of Section E of this application is the initial means of verifying compliance with the CPD Scheme. Each applicant for a Qualifying Certificate for either the practice year ending 31

st

December 2006 or 31

st

December 2007 is subject to the requirements of the CPD Scheme referable to the first cycle, with a limited number of exceptions. An applicant who did not hold a Qualifying Certificate in respect of

each

of the practice years ending on 31

st

December 2004 and 31

st

December 2005 or an applicant who was not admitted to the Register of European Lawyers prior to the commencement of the first cycle (1

st

July 2003) is not subject to the CPD Scheme. Also, an applicant who had periods out of practice during the first cycle due to being on maternity leave or because of certified long-term illness or due to not holding a qualifying certificate, would be entitled to a proportionate reduction on the 20 hours of CPD requirement. For further information, please refer to the CPD section on the Society's website [

www.lawsociety.ie

] or contact the Society's CPD unit [

attention: Alison Egan; tel (01) 6724802

]. An applicant should

not

return his/her CPD record card with this application. However, the Society may subsequently request sight of an applicant's record card and/or further proof of CPD attendances during the first cycle as part of the Society's CPD audit review process.

6. Payment of the Membership Subscription and/or the Solicitors' Benevolent Association Contribution and/or the Free Legal Advice Centres Contribution is/are not condition(s) precedent to the issue of a registered lawyer's qualifying certificate. However, unless a registered lawyer pays the annual membership subscription, he/she cannot enjoy the benefits of being a member of the Society as a registered lawyer as if an Irish solicitor member as provided for in the Society's Bye-Laws including the right to vote in annual and provincial elections and the right to receive the Society's Gazette.

SECOND SCHEDULE

within referred to

EURO

(a)

Registration Fee for the practice year ending on the 31

st

day of December 2006 payable to the Society on application for a qualifying certificate by an applicant registered lawyer admitted to the Register of Registered Lawyers three years or more on the 1

st

day of January 2006

€1,359

(b)

Registration Fee for the practice year ending on the 31

st

day of December 2006 payable to the Society on application for a qualifying certificate by an applicant registered lawyer originally admitted to the Register of Registered Lawyer for less than three years on the 1

st

day of January 2006

€1,085

(c)

Contribution to the Compensation Fund for the practice year ending on the 31

st

day of December 2006 payable to the Society on application for a qualifying certificate by an applicant registered lawyer.

€400

[

*

See notes on page 10]

[

**

meaning the Republic of Ireland]

[

**

meaning the Republic of Ireland]

[

*

See notes on page 10]

[

*

See notes on page 10]

[

**

Within the meaning of

S.I. No. 719 of 2005

]

[

***

Within the meaning of

S.I. No.312 of 1995

]

[

****

Within the meaning of the Solicitors Acts, 1954 to 2002]

[

****

Within the meaning of the Solicitors Acts, 1954 to 2002]

[

****

Within the meaning of the Solicitors Acts, 1954 to 2002]

[

****

Within the meaning of the Solicitors Acts, 1954 to 2002]

*****

Text of Investor Compensation Act, 1998, Section 47(1)(a) and (b)

“

(a) A [registered lawyer in respect of whom a qualifying certificate] is in force shall be an investment business firm

-

(i) where [such lawyer] provides investment business services or investment advice in a manner which is not incidental to the provision of legal services, or

(ii) where [such lawyer] holds himself or herself out as being an investment business firm, or

(iii) where, when acting as an investment product intermediary in a manner incidental to the provision of legal services, [such lawyer] holds an appointment in writing other than from

-

(I) an investment firm authorised in accordance with the Investment Services Directive by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the

Stock Exchange Act, 1995

, or

(II) a credit institution authorised in accordance with Directives 77/780/EEC of 12 December, 1977, and 89/646/EEC of 15 December, 1989, or

(III) a manager of a collective investment undertaking authorised to market units in collective investments to the public

,

which is situate in the State or the relevant branch of which is situate in the State

,

and shall be required to be authorised as an authorised investment business firm pursuant to the provisions of the [Investment Intermediaries Act,] 1995

.

(b) A [registered lawyer, in respect of whom a qualifying certificate] is in force, who is an insurance intermediary or who holds himself or herself out to be an insurance intermediary shall be an investment firm for the purposes of this Act and shall inform the [

Irish Financial Services Regulatory Authority

] and [

The Investor Compensation Company Limited

] that he or she is an investment firm for the purposes of this Act.”

*****

Text of Investor Compensation Act, 1998, Section 47(1)(a) and (b)

“

(a) A [registered lawyer in respect of whom a qualifying certificate] is in force shall be an investment business firm

-

(i) where [such lawyer] provides investment business services or investment advice in a manner which is not incidental to the provision of legal services, or

(ii) where [such lawyer] holds himself or herself out as being an investment business firm, or

(iii) where, when acting as an investment product intermediary in a manner incidental to the provision of legal services, [such lawyer] holds an appointment in writing other than from

-

(I) an investment firm authorised in accordance with the Investment Services Directive by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the

Stock Exchange Act, 1995

, or

(II) a credit institution authorised in accordance with Directives 77/780/EEC of 12 December, 1977, and 89/646/EEC of 15 December, 1989, or

(III) a manager of a collective investment undertaking authorised to market units in collective investments to the public

,

which is situate in the State or the relevant branch of which is situate in the State

,

and shall be required to be authorised as an authorised investment business firm pursuant to the provisions of the [Investment Intermediaries Act,] 1995

.

(b) A [registered lawyer, in respect of whom a qualifying certificate] is in force, who is an insurance intermediary or who holds himself or herself out to be an insurance intermediary shall be an investment firm for the purposes of this Act and shall inform the [

Irish Financial Services Regulatory Authority

] and [

The Investor Compensation Company Limited

] that he or she is an investment firm for the purposes of this Act.”

******

[see note 5 on page 10]

[

*

payable by a lawyer admitted to the Register of Registered Lawyers for less than three years on the 1

st

day of January 2006.]

STATUTORY INSTRUMENT

S.I. No. 718 of 2005

.

The European Communities (Lawyers' Establishment) Regulations, 2003 (Qualifying Certificate 2006) Regulations, 2005

THE EUROPEAN COMMUNITIES (LAWYERS' ESTABLISHMENT) REGULATIONS, 2003 (QUALIFYING CERTIFICATE 2006) REGULATIONS, 2005

The Law Society of Ireland, in exercise of the powers conferred on them by the European Communities (Lawyers' Establishment) Regulations, 2003 (

S.I. No.732 of 2003

) HEREBY MAKE the following Regulations

Citation and commencement