S.I. No. 85/1991 - The Solicitors Acts 1954 and 1960 (European Community) Regulations, 1991.

S.I. No. 85 of 1991.

THE SOLICITORS ACTS 1954 AND 1960 (EUROPEAN COMMUNITY) REGULATIONS, 1991.

Title and Commencement

The Incorporated Law Society of Ireland in exercise of the powers conferred on it by the Solicitors Acts, 1954 and 1960 including the powers conferred by Sections 4, 5, and 40 of the Solicitors Act, 1954 , and as the designated and competent authority for solicitors under the provisions of the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 ( S.I. No. 1 of 1991 ) hereby makes the following Regulations.

1. These Regulations may be cited as the Qualified Lawyers (European Community) Regulations 1991 and shall come into operation on the 25th day of March, 1991.

Definitions and Interpretation

2. (1) In these Regulations, unless the context otherwise requires:—

"the Act" means the Solicitors Act, 1954 ;

"applicant" means a person seeking admission as a solicitor in Ireland under these Regulations;

"the Directive" means the Directive of the Council of the European Communities for recognition of Higher Education Diplomas dated 21st December 1988 and numbered 89/48/EEC;

"qualified lawyer" means a person who has obtained a Diploma in Law or other formal legal qualification awarded by a competent authority in another Member State of the European Community and who has completed all elements of his academic legal education and professional legal training and is a member in another member State of the European Community of a profession which the Society deems to be a profession corresponding to that of a solicitor;

"the Society" means the Incorporated Law Society of Ireland;

"Solicitor" means a solicitor of the Courts of Justice in Ireland;

"the Test" means the qualified lawyers' transfer test being the aptitude test defined in Article 1 (g) of the Directive and being an assessment of competence in the subjects specified in these Regulations.

(2) The Interpretation Act 1937 shall apply to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

(3) A word or expression that is used in these Regulations and is also used in the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 ( S.I. No. 1 of 1991 ) has, unless a contrary intention appears, the meaning in these Regulations that it has in those Regulations.

3. (1) An Applicant shall submit his application in writing to the Society and shall provide such evidence as the Society may require that he:

( a ) is a qualified lawyer, and

( b ) is a fit and proper person to be a solicitor.

(2) In support of an applicant's claim to be a qualified lawyer and a fit and proper person to become a solicitor, he shall submit to the Society, within a period not more than three months after its date of issue, a certificate issued by the competent authority in the State in which the applicant is entitled to practice as a lawyer to the effect that the applicant

( a ) is of good character and repute,

( b ) has not been suspended or prohibited from the practice of his profession by reason of serious professional misconduct or the conviction of a criminal offence,

( c ) is in good standing with his professional body,

( d ) has not been declared bankrupt

and, where the said competent authority does not issue such a certificate in relation to paragraph (d) foregoing, an affidavit or solemn declaration from the applicant covering the point listed in said paragraph.

(3) If the Society is satisfied that an applicant is a qualified lawyer and is a fit and proper person to be a solicitor it shall, within a period of four months after presentation by the applicant of all relevant documentation, issue a written statement to that effect specifying those subjects (if any) in the Test which the applicant shall be required to pass and any other conditions which the applicant must satisfy.

4. (1) The Test shall comprise an oral examination in the professional conduct of solicitors and a written examination in the following subjects:

( a ) Constitutional Law and, at the option of the applicant, either Criminal Law or Company Law;

( b ) Law of Contract and Law of Tort;

( c ) Land Law and Conveyancing;

( d ) Probate and Taxation Law;

( e ) Solicitors' Accounts.

(2) The Society may appoint examiners for the Test which will be held at such times, not being less than once a year, as the Society may determine.

(3) Unless the Society in exceptional circumstances otherwise determines, an applicant shall be required to pass all parts of the Test at a single sitting.

(4) Unless the Society otherwise determines, either generally or in an individual case, an applicant who has been admitted to the Roll of Solicitors in

( a ) Northern Ireland, or

( b ) England and Wales

shall not be required to pass any part of the Test.

(5) The Society may in its absolute discretion and subject to such conditions as it may impose exempt an applicant from all or any part of the Test.

(6) An applicant shall be required to give such notice of his intention to sit the Test as the Society shall from time to time prescribe.

5. An applicant shall pay such fee as the Society shall from time to time prescribe for:

( a ) assessment of his application,

( b ) the Test, and

( c ) admission to the Roll of Solicitors.

6. Where an applicant:

(1) has passed the Test or such part thereof as he has been required to take, or has been exempted from the Test; and,

(2) has complied with any conditions imposed upon him by the Society; and,

(3) has satisfied the Society that he is a fit and proper person to be a solicitor,

he shall be entitled to obtain from the Society a certificate of having fulfilled the requirements for admission as a solicitor and may apply to the President of the High Court to be admitted as a solicitor and, on being so admitted, shall be entitled to have his name entered on the Roll of Solicitors in accordance with the provisions of section 10 of the Solicitors Act, 1954 .

Dated this 25th day of March, 1991.

Signed on behalf of the Incorporated Law Society of Ireland.

DONAL G. BINCHY,

President of the Incorporated Law Society of Ireland.