S.I. No. 717/2004 - The Solicitors Acts, 1954 To 2002 (Apprenticeship and Education) (Recognition of Qualifications) Regulations, 2004

STATUTORY INSTRUMENTS.

S.I. No. 717 of 2004 .

THE SOLICITORS ACTS, 1954 TO 2002 (APPRENTICESHIP AND EDUCATION) (RECOGNITION OF QUALIFICATIONS) REGULATIONS, 2004.

S.I. No. 717 of 2004 .

THE SOLICITORS ACTS, 1954 TO 2002 (APPRENTICESHIP AND EDUCATION) (RECOGNITION OF QUALIFICATIONS) REGULATIONS, 2004.

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 and with the concurrence of the Minister for Justice Equity and Law Reform HEREBY MAKE the following Regulations:

Citation and commencement.

1. (a) These Regulations may be cited as The Solicitors Acts, 1954 to 2002 (Apprenticeship and Education) (Recognition of Qualifications) Regulations, 2004.

(b) These Regulations shall be read together with the principal Regulations, and may be collectively called The Solicitors Acts 1954 to 2002 (Apprenticeship and Education) Regulations, 2001 to 2004.

(c) These Regulations shall come into operation on 13 December 2004.

Definitions.

2. (a) In these Regulations—

“Committee” means the education committee appointed pursuant to Regulation 4 of the principal Regulations;

“designated country” means a member state of the European Economic Area other than the State;

“European Economic Area” means the member states of the European Union together with Iceland, Liechtenstein and Norway;

“educational institution” means a university, college, or other post-second level institution authorised by the law in a designated country as having the competence to award a degree or other such equivalent qualification;

“equivalent professional qualification” means a qualification entitling the person to undertake professional training;

“legal expert” means in relation to an application under Regulation 3 or Regulation 4, a person whom the Committee considers to be an expert in the training of persons seeking to be admitted as legal practitioners in the designated country of the applicant;

“legal practitioner” means a person admitted to practice as a solicitor or a barrister or an advocate or other similar designation of a lawyer in a designated country;

“professional institution” means a professional governing body authorised by the law in a designated country to regulate the professional training of persons seeking to be admitted as legal practitioners and to certify such persons for admission to practise as legal practitioners;

“principal Regulations” means The Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 2001 ( S.I. No. 546 of 2001 );

“professional training” means the training (including practical experience) required to be undertaken by a person seeking to be admitted as a legal practitioner in a designated country;

“Regulation” means a regulation in these Regulations:

(b) Other words and phrases in these Regulations shall have the meanings assigned to them by the principal Regulations or by the Solicitors Acts, 1954 to 2002.

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

Application for exemption from Preliminary Examination.

3. (a) A person seeking an exemption from sitting the Preliminary Examination under Regulation 5(a)(ii) of the principal Regulations shall apply in writing to the Committee and shall provide to the Committee the following:

(i) a copy of the degree or other qualification for which recognition is sought issued by the educational institution concerned and duly certified by that educational institution not earlier than six months before the date of its presentation to the Committee;

(ii) appropriate documented information from the educational institution concerned as to the courses attended by the applicant leading to the applicant obtaining the degree or other qualification in question;

(iii) where requested by the Committee, a translation into the English language of any document not already in English presented to the Committee relating to complying with sub-clause (i) or (ii) of this clause; and

(iv) any fee as may be prescribed.

(b) In considering an application by a person under clause (a) of this Regulation, the Committee may request from a legal expert an advisory opinion regarding the substance of any such application; and the terms of any such opinion shall be furnished to the applicant by the Committee at the time when the decision of the Committee is communicated to the applicant.

(c) The Committee shall make a decision in relation to an application under clause (a) of this Regulation and shall communicate it in writing to the applicant as soon as practicable after the receipt thereof and shall specify the reason or reasons for such decision.

(d) The Committee may decide—

(i) to recognise the degree or other qualification as being equivalent to a recognised degree; or

(ii) to refuse to recognise the degree or other qualification as being equivalent to a recognised degree; or

(iii) to recognise the degree or other qualification as being partially equivalent to a recognised degree and require that the applicant undertake one or more (but not all) of the examinations comprising the Preliminary Examination as set out in Regulation 10(d) of the principal Regulations.

Application for exemption from Final Examination.

4. (a)  Without prejudice to the generality of Regulation 22 of the principal Regulations, a person who is entitled to exemption from sitting the Preliminary Examination by reason of holding a recognised degree or who has been exempted by decision of the Committee under Regulation 3 from sitting the Preliminary Examination may apply to the Committee—

(i) for an exemption from sitting all or any part of the Final Examination on the basis of having undergone professional training in a designated country or of holding an equivalent professional qualification from a professional institution in a designated country; and/or

(ii) for a waiver or alteration of the terms of indentures of apprenticeship required to be entered into by that person.

(b) A person seeking an exemption under clause (a) of this Regulation shall apply in writing to the Committee and shall provide to the Committee the following:

(i) a copy of the equivalent professional qualification for which recognition is sought issued by the professional institution concerned and duly certified by that professional institution not earlier than six months before the date of its presentation to the Committee;

(ii) appropriate documented information from the professional institution concerned as to the courses attended by the applicant leading to the applicant attaining the equivalent professional qualification in question;

(iii) where requested by the Committee, a translation into the English language of any document not already in English presented to the Committee relating to complying with sub-clause (i) or (ii) of this clause; and

(iv) any fee as may be prescribed.

(c) In considering an application by a person under clause (a) of this Regulation, the Committee may request from a legal expert an advisory opinion regarding the substance of any such application; and the terms of any such opinion shall be furnished to the applicant by the Committee at the time when the decision of the Committee is communicated to the applicant.

(d) The Committee shall make a decision in relation to an application under clause (a) of this Regulation and shall communicate it in writing to the applicant as soon as practicable after the receipt thereof and shall specify the reason or reasons for such decision.

(e) The Committee may decide—

(i) to exempt the applicant from sitting and passing all or any part of the Final Examination; or

(ii) to refuse to exempt the applicant from sitting and passing all or any part of the Final Examination; or

(iii) to exempt the applicant from sitting and passing any particular examination or examinations in any part of the Final Examination; and/or

(iv) to waive or alter any term or terms of indentures of apprenticeship required to be entered into by the applicant;

(v) in any case where a decision under sub-clause (i) or (iii) and/or (iv) of this clause has been made, to exempt the applicant from any other requirement or requirements of the principal Regulations that is appropriate and reasonable having regard to the equivalence of the stage that has been reached by the applicant in his/her professional training at the time of his/her application to the Committee.

5. An application under Regulation 4 may, as appropriate, be made by a person at the same time as an application under Regulation 3.

Fee and forms.

6. (a)  The Committee may designate such forms in respect of applications under Regulation 3 and Regulation 4 as it may deem appropriate.

(b)  The fee to be applied in respect of an application under Regulation 3 or Regulation 4 shall be €150.

General.

7. Subject to the provisions of the Solicitors Acts, 1954 to 2002, 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 5th day of November 2004.

Signed on behalf of the Law Society of Ireland pursuant to Section 79 of the Solicitors Acts, 1954.

GERARD GRIFFIN

President of the Law Society of Ireland.

Pursuant to the provisions of Section 40(7) of the Solicitors Act, 1954 (as amended by Section 49(e) of the Solicitors (Amendment) Act, 1994 ), I concur in the making of the above Regulations.

Dated this 12th day of November 2004.

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 principal purpose of the Instrument is to provide, [consequent on the decision of the European Court of Justice in Case C-313/01, Christine Morgenbesser v Consiglio Dell'Ordine Degli Avvocati di Genova, [2004] 1 C.M.L.R. 24] for a mechanism whereby persons from EU member states who have appropriate qualifications and training can apply for exemption from the application to them of parts of The Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 2001.