S.I. No. 37/2003 - Solicitors (Continuing Professional Development) Regulations 2003

The Law Society of Ireland, in exercise of the powers conferred on them by section 5 of the Solicitors Act 1954 and section 40 (as amended by section 49 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act 1954 and with the concurrence of the Minister for Justice, Equality and Law Reform, HEREBY MAKE the following Regulations.

Citation and commencement

1. (a) These Regulations may be cited as the Solicitors (Continuing Professional Development) Regulations 2003.

(b) These Regulations shall come into operation on the first day of July 2003.

Definitions

2. (a) In these Regulations—

“Act” means the Solicitors Act 1954 (No. 36 of 1954);

“Act of 1960” means the Solicitors (Amendment) Act 1960 (No. 37 of 1960);

“Act of 1994” means the Solicitors (Amendment) Act 1994 (No. 27 of 1994);

“Act of 2002” means the Solicitors (Amendment) Act 2002 (No. 19 of 2002);

“Acts” means the Solicitors Acts 1954 to 2002;

“continuing professional development” means a course or courses of further education or training (or both) of solicitors whether relating to law or to management, including a course specifically approved by the education committee intended to develop a solicitor in his or her professional knowledge, skills and abilities; and may also be referred to in common usage as “CDP”;

“course” includes a lecture or series of lectures;

“Council” means the Council of the Society;

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

“first cycle” means the period from the first day of July 2003 until the thirty-first day of December 2005;

“hours”, in relation to continuing professional development means the number of hours during which a solicitor attends a course or courses;

“management” includes any one or more of, or a combination of, the following, namely—

(i)   financial and business management

(ii)  human resources management

(iii) budget control

(iv) practice management skills

(v) computer skills

(vi) Irish or English language enhancement as it relates to the practice of law;

(vii) foreign language enhancement as it relates to the practice of law;

(vii) professional ethics;

“the Minister” means the Minister for Justice, Equality and Law Reform;

“prescribed” means prescribed by any subsequent regulations amending or substituting these Regulations, in whole or in part, which may be made by the Society with the concurrence of the Minister;

“Regulation” means a regulation in these Regulations;

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

“scheme” means the scheme of continuing professional development as provided for in Regulation 5;

“second cycle” means the period from the first day of January 2006 until the thirty-first day of December 2007;

“Society” means the Law Society of Ireland;

“solicitor” means a person who has been admitted to the Roll and to whom these Regulations apply pursuant to Regulation 3, provided that where, pursuant to Regulation 3, these Regulations apply to such a person only in respect of an application by that person for a practising certificate for one or two but not all three of the practice years, respectively commencing on the first day of January 2006, the first day of January 2008 and the first day of January 2010, Regulations 4, 5 and 6 shall apply to that person only to that extent;

“third cycle” means the period from the first day of January 2008 until the thirty first day of December 2009;

(b) Other words and phrases in these Regulations shall where applicable, have the meanings assigned to them in the Acts.

(c) In these Regulations, unless the context otherwise requires, the singular includes the plural.

(d) The Interpretation Acts 1937 to 1997 shall apply for the purposes of the interpretation of these Regulations as they apply for the purposes of the interpretation of an Act of the Oireachtas, except insofar as they may be inconsistent with the provisions of the Acts or these Regulations.

To whom Regulations apply

3. These Regulations shall apply to a solicitor who is entitled to make application, and makes application, to the Society for a practising certificate for any one or more practice years, respectively, commencing on the first day of January 2006, the first day of January 2008 and the first day of January 2010, other than:

(a) in respect of an application for a practising certificate for the practice year commencing on the first day of January 2006, a solicitor—

(i) who did not hold a practising certificate in respect of each of the two practice years immediately preceding that practice year, or

(ii) a solicitor who was not admitted to the Roll prior to the commencement of the first cycle, or

(iii) a solicitor who was in the full-time service of the State within the meaning of subsection (3) of section 54 (as substituted by section62 of the Act of 1994) of the Act subsequent to the commencement of the first cycle;

(b) in respect of an application for a practising certificate for the practice year commencing on the first day of January 2008, a solicitor—

(i) who did not hold a practising certificate in respect of each of the two practice years immediately preceding that practice year, or

(ii) a solicitor who was not admitted to the Roll prior to the commencement of the second cycle, or

(iii) a solicitor who was in the full-time service of the State within the meaning of subsection (3) of section 54 (as substituted by section 62 of the Act of 1994) of the Act subsequent to the commencement of the second cycle;

(c) in respect of an application for a practising certificate for the practice year commencing on the first day of January 2010, a solicitor—

(i) who did not hold a practising certificate in respect of each of the two practice years immediately preceding that practice year or

(ii) a solicitor who was not admitted to the Roll prior to the commencement of the third cycle, or

(iii) a solicitor who was in the full-time service of the State within the meaning of subsection (3) of section 54 (as substituted bysection 62 of the Act of 1994) of the Act subsequent to the commencement of the third cycle;

General requirement to undertake CPD

4. A solicitor shall undertake continuing professional development at least for the minimum number of hours provided for in Regulation 5(b).

Provision of CPD

5. (a) The Society shall (either on their own or by arrangement with or in association with a bar association or any other body or institution) provide for a scheme of continuing professional development to be undertaken by a solicitor during such periods and for such minimum number of hours within each such period as is provided for in clause (b) of this Regulation.

(b) A solicitor shall be required to undertake continuing professional development:

(i) during the first cycle, for a minimum of twenty hours, and

(ii) during the second cycle and during the third cycle for a minimum of twenty hours or for such greater minimum in excess of twenty hours as may at that time be prescribed.

(c) The scheme provided for by the Society pursuant to clause (a) of this Regulation shall provide for—

(i) the form and content of a written record to be maintained by a solicitor of the hours of continuing professional development undertaken by the solicitor in order to demonstrate the solicitor’s compliance with the scheme and the minimum hours’ requirements provided for in clause (b) of this Regulation; and

(ii) the form of written certificate, confirming the solicitor’s attendance at a course of education or training (or both), to be issued by or on behalf of the organiser of such course or courses.

(d) The record to be maintained by a solicitor of the hours of continuing professional development or the written certificate or certificates of the solicitor’s attendance on a course or courses as provided for in clause (c) of this Regulation shall be produced by the solicitor to the Society on request by the Society.

Certifying CPD on application for practising certificate

6. (a) A solicitor who makes application to the Society for a practising certificate for the practice year commencing on the first day of January 2006 shall, as part of such application, certify to the Society (and verify such certification, if so requested by the Society, by production of his or her record and attendance certificates maintained pursuant to clause (c)(i) and (ii) of Regulation 5) the fact of the solicitor having undertaken continuing professional development during the first cycle for at least a minimum of twenty hours.

(b) A solicitor who makes application to the Society for a practising certificate for the practice year commencing on the first day of January 2008 shall, as part of such application, certify to the Society (and verify such certification, if so requested by the Society, by production of his or her record and attendance certificates maintained pursuant to clause (c)(i) and (ii) of Regulation 5) the fact of the solicitor having undertaken continuing professional development during the second cycle for a minimum of twenty hours or for such greater minimum in excess of twenty hours as may at that time be prescribed.

(c) A solicitor who makes application to the Society for a practising certificate for the practice year commencing on the first day of January 2010 shall, as part of such application, certify to the Society (and verify such certification, if so requested by the Society, by production of his or her record and attendance certificates maintained pursuant to clause (c)(i) and (ii) of Regulation 5) the fact of the solicitor having undertaken continuing professional development during the third cycle for a minimum of twenty hours or for such greater minimum in excess of twenty hours as may at that time be prescribed

Breach of Regulations to be misconduct

7. Any breach of these Regulations may, upon due inquiry by the Disciplinary Tribunal pursuant to section 7 (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960 be found by the Disciplinary Tribunal to be misconduct within the meaning of section 3 (as amended by section 24 of the Act of 1994 and by section 7 of the Act of 2002) of the Act of 1960.

Modification of Regulations in exceptional circumstances

8. The Society may, in exceptional circumstances and subject to such conditions as the Society deem appropriate modify any requirement or provision of these Regulations.

Dated this 10th day of January 2003.

Signed on behalf of the Law Society of Ireland pursuant to section 79 of the Solicitors Act 1954 .

GERALDINE CLARKE,

President of the Law Society of

Ireland.

Pursuant to the provisions of section 40 of the Solicitors Act 1954 (as amended by section 49 (e) of the Solicitors (Amendment) Act 2002 ,) I concur in the making of the above Regulations.

Dated this 29th day of January 2003.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law

Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The principle purpose of the Instrument is to provide for

—the meaning of Continuing Professional Development or CPD;

—the solicitors to whom the requirement to undertake CPD applies;

—the respective periods or time cycles within which the required hours of CPD must have been undertaken as a pre-requisite to being granted a practising certificate in respect of the practice years, respectively commencing on the first day of January 2006, the first day of January 2008 and the first day of January 2010;

—the minimum number of hours of CPD required to be undertaken by solicitors in each of three time cycles immediately preceding the commencement of each of those three practice years;

—the certifying to the Society of the fact of having undertaken the minimum number of hours of CPD;

—the breach of the Regulations to be misconduct.