S.I. No. 9/1991 - The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991.

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 the Kings Inns, Dublin; or

(iii) hold 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 degree of bachelor of arts or bachelor of laws of a recognised university and is equivalent to the Preliminary Examination; or,

(iv) subject to compliance with clause (b) of this Regulation, have been declared by the Committee to be a bona fide clerk to a solicitor; or,

(v) have passed the Preliminary Examination.

( b ) A person shall be not declared by the Committee to be a bona fide clerk to a solicitor unless—

(i) such person has been engaged, for a period of at least seven years, in the transaction and performance, under the direction and superintendence of a solicitor, of such legal business as the Committee is satisfied was of a sufficiently responsible nature; and,

(ii) such person produces to the Committee satisfactory evidence that he has faithfully, honestly and diligently served as such clerk; and,

(iii) The Committee is also satisfied and so declares that such service as such clerk is equivalent to the passing of an examination equivalent to the Preliminary Examination.

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9. ( a ) A person who satisfies the requirements of Regulation 8 may apply to the Registrar to be bound by indentures of apprenticeship to a named proposed master and to do so shall lodge with the Registrar the following:

(i) an application for permission to become apprenticed in the form prescribed in Form 1 in the Second Schedule to these Regulations;

(ii) a certificate of the proposed master in the form prescribed in Form 2 in the Second Schedule to these Regulations;

(iii) evidence in a form acceptable to the Society that the applicant is of good character and is a fit and proper person to become bound by indentures of apprenticeship;

(iv) an official certificate of birth of the applicant;

(v) evidence that the applicant satisfies the requirements of Regulation 8.

( b ) The applicant, upon lodgment of the prescribed documents and particulars pursuant to class (a) of this Regulation, shall attend for interview as required by the Society in relation to the Society ascertaining whether the applicant is of good character and is a fit and proper person to become so apprenticed.

( c ) The Society may require the named proposed master to attend for interview in relation to the Society ascertaining the fitness and capacity of such proposed master to take such applicant as an apprentice and to teach such applicant the practice of the law.

( d ) When the Society is satisfied with the documents and particulars furnished by the applicant and with the information obtained from any enquiries that the Society thinks proper to make, including the information obtained at the interviews referred to in clauses (b) and (c) of this Regulation, the Society shall issue its written consent to the entry of such person into indentures of apprentceship.

( e ) Within the period so specified in such written consent, the applicant shall lodge with the Registrar the following:

(i) indentures of apprenticeship in the form prescribed in Form 3 in the Second Schedule to these Regulations executed by both the applicant and his master;

(ii) a statutory declaration by the master in the form prescribed in Form 4 in the Second Schedule to these Regulations;

(iii) the written consent of the Society issued pursuant to clause (d) of his Regulation;

(iv) the prescribed fees.

( f ) On due receipt of the documents and prescribed fees pursuant to clause (e) of this Regulation, the Registrar shall enter in the Register of Apprentices particulars of such indentures of apprenticeship.

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10. ( a ) An apprentice may apply to the Committee for permission to be bound, pursuant to section 32 of the Act, by an assignment of his indentures or by fresh indentures to another solicitor for the residue of the period of his apprenticeship.

( b ) In making such an application for permission to be bound by an assignment of his indentures or by fresh indentures, the apprentice shall lodge with the Committee the following:

(i) a statement of the circumstances giving rise to such application; and,

(ii) a letter of consent from the proposed new master.

( c ) In so far as the Committee deems it necessary or appropriate, the provisions of Regulation 9 (b) and (c) shall apply to such an application.

( d ) The Committee shall grant such permission unconditionally or subject to such conditions as the Committee may deem reasonable and appropriate on the Committee being satisfied that the circumstances giving rise to such application fall within the provisions of section 32, section 33, section 34 or section 35 of the Act.

( e ) If such application is approved by the Committee, the apprentice shall lodge with the Registrar the indenture of assignment of his indentures of apprenticeship or the fresh indentures of apprenticeship, as the case may be. On due receipt of the foregoing, the Registrar shall enter in the Register of Apprentices particulars of such assignment or fresh indentures.

11 First and second Irish examinations.

11. ( a ) Pursuant to section 40 (3) of the Act, the Society shall hold, at least once in every year:

(i) a first examination in the Irish language, that is to say, an examination in that language of persons seeking to be bound under indentures of apprenticeship; and,

(ii) a second examination in the Irish language, that is to say, an examination in that language of persons seeking to be admitted as solicitors.

( b ) Every apprentice or person seeking admission as a solicitor shall pass the Second Irish Examination within two years before the expiration of the term of apprenticeship or within two years before admission as a solicitor.

12 Preliminary examination.

12. ( a ) Pursuant to section 40 (4) (a) of the Act, the Society shall hold, at least once in every year, a preliminary examination, that is to say, an examination of persons seeking to be bound under indentures of apprenticeship.

( b ) Only a person not exempted pursuant to Regulation 8 (b) or pursuant to section 41 (a) of the Act shall be required to sit the Preliminary Examination.

( c ) In order to sit the Preliminary Examination, a person shall have attained the age of 21 years at the date of commencement of that Examination.

( d ) Unless otherwise prescribed by the Committee, the Preliminary Examination shall comprise:

(i) an essay in the English language;

(ii) a paper on the use of English;

(iii) a paper on government and politics; and,

(iv) a paper on general knowledge.

13 Final examination.

13. ( a ) Pursuant to section 40 (4) (b) of the Act, the Society shall hold, at least once in ever year, a final examination which shall be divided into three parts — the first part, the second part and the third part.

( b ) Unless exempted pursuant to Regulation 15 or Regulation 24, every person seeking to be admitted as a solicitor shall pass the Final Examination — First Part, the Final Examination — Second Part and the Final Examination — Third Part.

14 Final examination — First Part.

14. ( a ) The Final Examination — First Part shall comprise an examination in:

(i) the law of torts;

(ii) the law of contracts;

(iii) the law of property;

(iv) constitutional law;

(v) company law; and,

(vi) criminal law.

( b ) A person may sit the Final Examination — First Part if he has satisfied the requirements of regulation 8 (a).

( c ) Subject to clauses (d) and (e) of this Regulation, the pass mark shall be 50% in each subject in the Final Examination — First Part.

( d ) A person who takes all six subjects at one sitting of the Final Examination — First Part shall be declared by the Committee to have passed that Examination if he achieves:

(i) a total mark of 300 or more; and,

(ii) a mark of 50% or more in at least four of those six subjects; and,

(iii) a mark of 40% or more in the remaining subject or subjects.

( e ) A person who, pursuant to Regulation 15 (d), is exempted from taking Criminal Law in the Final Examination — First Part shall be declared by the Committee to have passed the Final Examination — First Part if, at one sitting, he achieves:

(i) a total mark of 250 or more in the remaining five subjects; and,

(ii) a mark of 50% or more in at least three of those five subjects; and,

(iii) a mark of 40% or more in the remaining subject or subjects.

( f ) A person who, by reason of exemptions given pursuant to Regulation 15, is required to sit three subjects or fewer than three subjects in the Final Examination — First Part, must obtain 50% in each such subject in order to be declared by the Committee to have passed that subject.

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15. ( a ) Subject to Regulation (16) (a), a person may, at the discretion of the Committee, be exempted from the Final Examination — First Part, if such person has passed, as part of an appropriate degree course, university examinations in each of the subjects specified in Regulation (14) (a) and has achieved a standard specified by the Committee in a degree in law granted by one of the following universities, namely:

(i) the University of Dublin;

(ii) the National University of Ireland, through one of the following constituent colleges, University College, Cork, University College, Dublin, or University College, Galway;

(iii) the University of Limerick; or,

(iv) Dublin City University.

( b ) Subject to Regulation 16 (a), a person who has achieved a standard specified by the Committee in a degree in law granted by a university named in clause (a) of this Regulation, and has passed, as part of an appropriate degree course, university examinations in each of not less than four of the six subjects specified in Regulation 14 (a), may, at the discretion of the Committee, be exempted from taking in the Final Examination — First Part the subjects thus passed. In the event that two of the six subjects of the Final Examination — First Part have to be taken by such a person it will not be necessary for that person to pass both of those subjects at one sitting of that Examination.

( c ) A person, who is not fully or partially exempted pursuant to clause (a) or clause (b) of this Regulation, shall be required to take at one sitting all six subjects of the Final Examination — First Part as specified in Regulation 14 (a); provided that if such a person has, at any time, secured a mark of at least 50% in each of not less than three subjects taken at one sitting of that Examination and has satisfied the Committee that he has made a bona fide attempt at each of the remaining subjects taken, that person shall be exempted from those three or more subjects (in each of which that person has so secured a mark of at least 50%) in any subsequent sitting of the Examination. It will not be necessary for a person who has so secured a mark of at least 50% in each of three or more subjects taken at one sitting of the Final Examination — First Part (and thus obtained exemptions in those subjects) to pass the remaining subjects at one sitting of that Examination.

( d ) Nothwithstanding the provisions of clause (c) of this Regulation, a person who, in any sitting of the Final Examination — First Part held up to and including the sitting of that Examination in November 1989, secured a mark of at least 50% in Criminal Law, shall be exempted from taking Criminal Law in any subsequent sitting of that Examination.

( e ) The Committee may from time to time review the subjects or any one or more of the subjects specified in Regulation 14 (a) as covered in the university degree course taken or to be taken by a person seeking to avail of the provisions of clause (a) or clause (b) of this Regulation. If the Committee determines that those subjects or any one or more of those subjects have not been or are not being adequately covered in the university degree course provided by any one or more of the universities named in clause (a) of this Regulation, the Committee, after due consideration with the university or universities concerned, may decide that such subject or any one or more subjects passed as part of an appropriate degree course in such university or universities shall not be subject to an exemption pursuant to the provisions of clause (a) or clause (b) of this Regulation.

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16. ( a ) Notwithstanding that a person has complied with the provisions of Regulation 15 (a) or Regulation 15 (b), that person shall not be entitled to an exemption from the Final Examination — First Part if more than five years have elapsed from the 1st October in the year in which that person obtained a degree in law granted by one of the universities named in Regulation 15 (a).

( b ) If a person who has been declared by the Committee to have passed the Final Examination — First Part does not commence the Professional Course within a period of five years from the date of such declaration, such person shall cease, upon the expiration of that period of five years, to be entitled to commence the Professional Course unless he shall first again sit and be declared by the Committee to have passed all the subjects comprising the Final Examination — First Part.

( c ) A person who has achieved a mark of at least 50% in not less than three subjects taken at one sitting of the Final Examination — First Part and, as a result, is exempted, pursuant to Regulation 15 (c), from those subjects at any subsequent sitting of that Examination, must pass the remaining subjects within a period of five years from the date of the declaration of the result of that sitting of that Examination. If he does not do so, that person's exemption from those three subjects shall cease to have effect and should he wish thereafter to commence the Professional Course, he must again sit and be declared by the Committee to have passed all the subjects comprising the Final Examination — First Part, in accordance with the relevant provisions of Regulation 15.

( d ) A person, who, pursuant to Regulation 15 (b), is required to take one or two of the six subjects of the Final Examination — First Part, must pass that subject or those two subjects within a period of five years from the 1st October in the year in which such person obtained a degree in law granted by one of the universities named in Regulation 15 (a).

( e ) This Regulation shall come into operation with effect from the 1st January, 1991.

17 Law school.

17. ( a ) For the purpose of Section 40 (1) of the Act, the law school established pursuant to the Regulations of 1975 shall be contained and maintained by the Society.

( b ) The Society may appoint a director of education, who shall be head of the Law School, and a director of training. The Society may in accordance with the provisions of Section 40 (I) of the Act, designate one or both as professor or professors.

( c ) The functions of the Director of Education and the Director of Training shall be a designated from time to time by the Committee.

( d ) The Professional Course and the Advanced Course shall take place in the Law School at such times and for such periods as shall be determined from time to time by the Committee.

( e ) The Committee may prescribe rules for the operation of the Law School.

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18. ( a ) Subject to Regulation 16, a person who has passed or been exempted from the Final Examination — First Part shall be entitled to apply to be admitted to the Law School to attend the Professional Course subject to prior compliance with Regulations 8, 9, 21 (a), and clause (b) of this Rgulation and subject to payment of the prescribed fees.

( b ) When an apprentice applies pursuant to clause (a) of this Regulation to be admitted to the Law School to attend the Professional Course, such apprentice shall produce to the Society written evidence that provision exists for him to obtain the requisite period of in-office training, pursuant to Regulation 21, between the end of that Professional Course and the beginning of the Advanced Course which such apprentice will subsequently attend.

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19. ( a ) The Professional Course means the course of study prescribed by the Committee from amongst the subjects specified in the Appendix to these Regulations together with any additonal subjects that may be prescribed from time to time by the Committee.

( b ) An apprentice 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.

20 Final Examination — Second part.

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 subjects for the Final Examination — Second Part shall be those prescribed by the Committee from amongst the subjects specified in the Appendix to these Regulations together with any additional subjects that may be prescribed from time to time by the Committee.

( c ) The pass mark shall be 50% in each subject of the Final Examination — Second Part.

21 In-office training.

21. ( a ) Before commencing the Professional Course, an apprentice shall be required to attend at the office of a solicitor, on a continuous and wholetime basis, for a period of at least three months or for such other period less than three months as the Committee may from time to time determine, for the purpose of obtaining experience in the practice and profession of a solicitor.

( b ) After completing the Professional Course, an apprentice shall be required to attend at the office of his master on a continuous and wholetime basis for a period of at least eighteen months for the purpose of receiving due instruction and obtaining experience in the practice and profession of a solicitor.

( c ) Notwithstanding the provisions of clause (b) of this Regulation, an apprentice may, with the prior written approval of his master and the prior written consent of the Committee, during the period referred to in clause (b) of this Regulation, be permitted, for a period not exceeding six months, to hold an office or engage in employment in Ireland or abroad, which, in the opinion of the Committee, would be advantageous to such apprentice in the furtherance of his legal studies or in his preparation for admission to the solicitors' profession.

( d ) An apprentice shall not be entitled to be admitted to the Law School to attend the Advanced Course if he has not complied with the provisions of clause (b) and, if applicable, clause (c) of this Regulation.

( e ) The Committee may request an apprentice or his master to attend for interview before the Committee for the purpose of reviewing any aspect of the in-office training of the apprentice. If the Committee is not satisfied as to the adequacy of the period of the in-office training of the apprentice, the Committee may require the apprentice to attend for a further period of in-office training either in the office of his master or in the office of some other practising solicitor approved by the Committee.

22 Advanced course.

22. ( a ) The Advanced Course means the course of study prescribed by the Committee from amongst the subjects specified in the Appendix to these Regulations together with any additional subjects that may be prescribed from time to time by the Committee.

( b ) An apprentice, who has passed the Final Examination — Second Part and has duly completed his in-office training pursuant to Regulation 21, shall be entitled to be admitted to the Law School 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 ) An apprentice, who complies with the provisions of clause (b) of this Regulation, shall, before being admitted to the Advanced Course, furnish evidence of his in-office training by submitting to the Society:

(i) a statutory declaration by the master of such apprentice in the form prescribed in Form 5 in the Second Schedule to these Regulations; and,

(ii) a statutory declaration by such apprentice in the form prescribed in Form 6 in the Second Schedule to these Regulations.

23 Final Examination — Third part.

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 subjects for the Final Examination — Third Part shall be those prescribed by the Committee from amongst the subjects specified in the Appendix to these Regulations together with any additional subjects that may be prescribed from time to time by the Committee.

24 Examination exemptions.

24. The Committee may in its discretion exempt from the Final Examination or any part thereof or any subject or subjects in any part thereof the following persons:

( a ) a person who has been called to the Irish Bar; or,

( b ) a person qualified as a solicitor or the legal equivalent in another jurisdiction; or,

( c ) a person with a record of distinguished legal academic achievement.

25 Barristers.

25. A practising barrister-at-law who, pursuant to section 43 of the Act, is not required to be bound to serve as an apprentice to a solicitor, 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 the office of a solicitor approved by the Committee on a continuous and wholetime basis 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.

26 Discipline.

26. ( a ) For the purposes of this Regulation, an "apprentice" includes a person who has been permitted by the Committee to sit the First Irish Examination, the Preliminary Examination or the Final Examination — First Part and a person who, pursuant to section 43 of the Act, proposes to become a solicitor.

( b ) (i) The Committee shall be entitled to receive and consider any complaint of alleged misconduct made against an apprentice.

(ii) If the Committee decides to enter upon a consideration of any such complaint, the Committee shall immediately notify the apprentice concerned in writing of the nature of the complaint and shall furnish such apprentice (or any solicitor instructed by such apprentice) with an opportunity of responding to such complaint within a period of not less than seven days.

(iii) The Committee may, with due notice to such apprentice, conduct such hearing and hear such evidence as the Committee considers appropriate and reasonable, including evidence by and on behalf of such apprentice.

(iv) In conducting any such hearing, the Committee shall, as far as is practicable and reasonable, proceed in the same manner as the Disciplinary Committee would proceed when sitting to hear an allegation of misconduct against a solicitor.

( c ) If the Committee, after due consideration, finds a complaint of misconduct made againt an apprentice well-founded, the Committee may adopt one or more of the following courses, namely:

(i) report in writing to the President of the High Court that such apprentice is not, in its opinion, for reasons specified in such report, a person of good charcter and a fit and proper person to be admitted as a solicitor;

(ii) refuse permission to such apprentice to take any one or more Society examinations provided for in these Regulations, either at all or for such period as the Committee shall think fit in the circumstances of the case;

(iii) refuse to permit such apprentice to complete any Society examination;

(iv) require such apprentice to repeat any one or more Society examinations (or one or more subjects within such Society examinations) as the Committee shall think fit in the circumstances of the case;

(v) suspend such apprentice from attendance at the Law School for such period as the Committee shall think fit in the circumstances of the case;

(vi) require such apprentice to repeat the entire or sections of the Professional Course or the Advanced Course;

(vii) require such undertakings or apologies from such apprentice as the Committee deems appropriate and reasonable.

( d ) An apprentice aggrieved by a decision of the Committee made pursuant to clause (c) of this Regulation shall be entitled to apply, within twenty-one days of such decision, to the President of the High Court for review of such decision.

( e ) Nothwithstanding the provisons of the foregoing clauses of this Regulation, if the Director of Education receives a complaint relating to the conduct of an apprentice during an examination, lecture or other educational activity within the Law School, the Director of Education, whether in addition to or as an alternative to referring the complaint to the Committee to be received and considered as a complaint of alleged mis-conduct against such apprentice, if after due consideration he deems it appropriate and reasonable, may immediately either:

(i) suspend such apprentice from attendance at the Law School for a period of not more than seven days; and/or,

(ii) refuse to permit such apprentice to sit or to complete the sitting of any Society examination.

If such complaint is not then immediately referred by the Director of Education to the Committee and such apprentice is so notified by the Director of Education, any such apprentice so suspended or refused may appeal to the Committee by notice in writing delivered to the Registrar within a period of not more than three days from the date of such decision, to review such decision.

( f ) Nothing in this Regulation shall preclude the Committee from requiring an apprentice to appear before it in relation to any issue concerning his conduct:

(i) during his period of attendance at the Law School; or,

(ii) in relation to his attendance at any Society examination; or,

(iii) during his period of in-office training.

27 Requirement for admission as a solicitor.

27. Subject to the provisions of the Act and to these Regulations, no person shall be admitted as a solicitor unless:

(i) he has duly completed, or been duly exempted from, the Professional Course, the Advanced Course and all the examinations prescribed by these Regulations;

(ii) he has duly completed his service under Indentures (where appicable) and his in-office training; and,

(iii) he has satisfied the Committee that he is a person of good character and is a fit and proper person to be admitted as a solicitor.

28 Entry for examinations.

28. A person intending to sit for any examination, other than the Final Examination — Second Part and the Final Examination — Third Part, shall, at least twenty eight days before the date of commencement of such examination, make due application to the Society and pay the prescribed fees.

29 Solicitors in wholetime employment of the State or of a body corporate.

29. A solicitor who is in wholetime employment of the State or of a body corporate shall not take an apprentice without the permission of the Committee and such permission, if granted, may be granted either unconditionally or subject to conditions.

30 General.

30. Subject to the provisions of the Act, the Committee may, in exceptional circumstances and subject to such conditions as it deems appropriate, modify any requirement or provision of these Regulations.

Dated this 18th day of January, 1991.

Signed on behalf of the Incorporated Law Society of Ireland.

DONAL G. BINCHY,

President of the Incorporated Law Society of Ireland.

APPENDIX

Accountancy

Advocacy

Commercial Law

Company Law

Conveyancing

Employment Law

European Community Law

Evidence

Family Law

Human Rights

Insolvency Law

Investment/Finance Management

Landlord and Tenant Law

Lawyers' Skills including Interviewing and Negotiation

Litigation

Office Administration

Partnership Law

Planning Law

Professional Conduct

Revenue Law and Taxation

Social Welfare Law

Wills, Probate and Administration of Estates

FIRST SCHEDULE

Apprenticeship and Education Regulations referred to in Regulation 2.

The Solicitors Act 1954 (Apprenticeship and Education) Regulations 1955 ( S.I. No. 217 of 1955 , the Solicitors Act, 1954 (Apprenticeship and Education) (Amendment) Regulations 1956 ( S.I. No. 307 of 1956 ), the Solicitors Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1960 ( S.I. No. 94 of 1960 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1965 ( S.I. No. 201 of 1965 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1966 ( S.I. No. 230 of 1966 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1968 ( S.I. No. 17 of 1968 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1969 ( S.I. No. 110 of 1969 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1970 ( S.I. No. 108 of 1970 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1971 ( S.I. No. 218 of 1971 ), the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1972 ( S.I. No. 49 of 1972 ) the Solicitors' Act 1954 (Apprenticeship and Education) (Amendment) Regulations 1973 ( S.I. No. 47 of 1973 ) and the Solicitors' Act, 1954 (Apprenticeship and Education) (Amendment), Regulations 1973 ( S.I. No. 333 of 1973 ), the Solicitors' Act 1954 (Apprenticeship and Education) Regulations 1975 ( S.I. No. 66 of 1975 ), the Solicitors Acts 1954 and 1960 (Apprenticeship and Education) Regulations 1987 ( S.I. No. 43 of 1987 ), and the Solicitors Act 1954 and 1960 (Apprenticeship and Education) Regulations 1989 ( S.I. No. 231 of 1989 ).

SECOND SCHEDULE

FORM 1

Application for Admission to Apprenticeship

1. I was born on the .......................................... day of ........................................... 19................ and I enclose an official copy of my Birth Certificate.

2. I have passed the Society's First Irish Examination.

3. I have:

( a ) passed the Society's Preliminary Examination in 19.....

or

( b ) been declared by the Society to be exempt from sitting the Preliminary Examination.

or

( c ) a degree from a university in Ireland (including Northern Ireland), England, Scotland or Wales.

or

( d ) been accepted by the Society as a bona fide (law) clerk as defined by paragraph 5 of the Second Schedule to the Solicitors Act, 1954 .

I enclose/copy letter confirming I have passed or been exempted from the Preliminary Examination/copy degree/copy letter confirming my acceptance as a bona fide (law) clerk.

4. I have:

( a ) passed the Society's Final Examination — First Part in 19.....

or

( b ) been declared to be exempt from the Society's Final Examination — First Part.

or

( c ) applied to sit the Final Examination — First Part.

I enclose copy letter confirming I have passed/have been exempted frm the Final Examination — First Part.

5. I enclose a recent certificate of character from................

6. I have not been convicted of any crime, nor is there any criminal charge pending against me nor has the Probation of Offenders Act, 1907 been applied to any charge against me.

7. I hereby authorise the Society to make any and all enquiries it thinks proper to make as to my suitability to enter into indentures of apprenticeship.

FORM 2

Certificate of Master

FORM 3

Indenture of Apprenticeship

1. In consideration of the mutual convenants hereinafter contained and of any future payments made by the Master to the Apprentice the Apprentice hereby binds himself to serve as a solicitor's apprentice to the Master from the date hereof for and during the full term of..... years.

2. The Apprentice hereby covenants with the Master:

(a) that he shall well and faithfully serve the Master as a solicitor's apprentice from the date hereof for and during the said term;

(b) that he shall from time to time and at all times during the said term refrain from disclosing any information as to the business of the Master or any partner or employee of the Master, or any client of the Master, or any partner of the Master; and shall promptly obey and execute the Master's reasonable directions; and snail not depart or absent himself from the service as a solicitor's apprentice to the Master at any time during the said term without the Master's previous consent and, where required, that of The Incorporated Law Society of Ireland; and shall at all times during the said term conduct himself with all due diligence, honesty and sobriety.

(c) that he shall take due and diligent care of all books, papers, writings, monies, stamps, or other property of the Master, or any of his partners or clients, and shall not cause, suffer or permit any of the said documents or things to be damaged or destroyed or otherwise adversely dealt with;

(d) that in the event of the breach of any of the foregoing covenants, or if the Master or any of his partners or clients shall sustain or suffer any loss, damage or prejudice arising out of his misbehaviour or neglect, he, the apprentice, his executors administrators and assigns shall make good and reimburse to the Master the amount of the value thereof.

3. The Master covenants with the Apprentice:

(a) to take the Apprentice as his solicitors' apprentice during the said term and to provide the Apprentice with such facilities in his office as are necessary to enable the Apprentice to receive due instruction and obtain experience in the practice and profession of a solicitor;

(b) by the best ways and means he can and to the utmost of his skill and knowledge during the said term to duly instruct the Apprentice or cause him to be taught and instructed and to obtain experience in his office in the practice and profession of a solicitor;

(c) that, at the expiration of the said term, he will use his best means and endeavours, at the request of the Apprentice to cause and procure the Apprentice to be admitted and enrolled as a Solicitor of the Courts of Justice, provided that the Apprentice shall have well and faithfully served as a solicitors' apprentice during the said term, shall have performed and observed the convenants on his part herein contained and shall have and attended the prescribed courses and passed the prescribed examinations and otherwise complied with the regulations and requirement of The Incorporated Law Society of Ireland.

IN WITNESS whereof the parties hereto have hereunto set their hands and affixed their Seals the day and year first herein WRITTEN.

FORM 4

Statutory Declaration as to Execution of Indentures

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 Register of Solicitors appointed pursuant to the Solicitors' Act, 1954.

FORM 5

Questions as to due service of Apprenticeship to be answered by Apprentice.

4. Since completion of our Professional Course, have you duly served at least 18 months in the office of your Master and have you worked full-time at that office throughout that entire period?

Yes/No.

If not, please state:

(a) the reason for your absence(s)

............................................................ ............................................................ ............................................................ .......

............................................................ ............................................................ ............................................................ .......

(b) the dates during which you were absent (to include any continuous period of absence, exceeding five working days, due to illness).

............................................................ ............................................................ ............................................................ .......

............................................................ ............................................................ ............................................................ .......

5. Have you, at any time since the commencement of your term of apprenticeship, been engaged or concerned in any profession, business or employment other than your professional employment as a solicitors' apprentice to the above-named solicitor to whom you are apprenticed?

Yes/No.

If yes please give details:

............................................................ ............................................................ .......................................................

............................................................ ............................................................ .......................................................

FORM 6

Declaration of Master

3. That I believe that he/she has been conscientiously attending to his/her duties as an apprentice and has been endeavouring to learn the law and the practice and profession of a solicitor.

4. That, for my part I have endeavoured, with the assistance of other persons within my office, to duly instruct him/her and to give him/her every opportunity to obtain experience in the practice and profession of a solicitor.

5. That I know of nothing which would suggest that he/she is not a fit and proper person to be admitted as a solicitor and that, to the best of my knowledge, information and belief, he/she has not been convicted of any crime nor is there any criminal charge pending against him/her.

6. That, so far as I am aware, he/she has not been engaged during his/her apprenticeship in any other profession, occupation, business or employment which in my opinion has interfered with his/her education and in-office training as a solicitors' apprentice.

7. 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 Registrar of Solicitors pursuant to the Solicitor's Act, 1954.

............................................................ ............................................................ .......................................................

DECLARANT

EXPLANATORY NOTE.

The principal purpose of the Instrument is to:

— provide for the continuance of the Education Committee of the Society and determine its powers and membership;

— provide for the continuance of the Education Advisory Committee and determine its powers and membership;

— establish the procedure to be followed in order to become an apprentice of the Society;

— provide for the holding of Law Society examinations and the subjects to be examined;

— establish the standard to be applied in the Final Examination — First Part;

— provide for the continuance of the Law School and the Professional and Advanced Courses;

— determine the periods of in-office training to be followed by apprentices;

— provide what a barrister applying pursuant to Section 43 of the 1954 Solicitors Act is required to do in order to become a solicitor;

— specify the disciplinary measures which may be taken by the Education Committee and by the Director of Education and the disciplinary procedures which must be followed;

— revoke existing regulations;

— prescribe forms in respect of the educational functions of the Society.