Solicitors (Amendment) Act, 1994

Amendment of section 40 of Principal Act.

49.—Section 40 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) The Society may—

(a) either on their own or by arrangement with or in association with any other body or institution, provide or procure the provision of courses and the holding of examinations for the education or training (or both) of—

(i) persons seeking to be admitted as solicitors, or

(ii) solicitors or other persons;

(b) authorise any other body or institution, either on its own or by arrangement with or in association with the Society, to provide or procure the provision of courses and the holding of examinations for the education or training (or both) of—

(i) persons seeking to be admitted as solicitors, or

(ii) solicitors or other persons;

(c) join or associate with any other body or institution providing education or training (or both) in providing or procuring the provision of courses and the holding of examinations leading, in appropriate cases, to a joint or common qualification;

(d) provide for aptitude or other testing of persons seeking to be admitted as solicitors;

(e) appoint professors, lecturers, tutors and examiners;

(f) award diplomas, certificates and other awards of merit.”;

(b) the substitution of the following subsection for subsection (4):

“(4) Regulations for the purposes of this section shall provide for the holding by the Society, either on their own or by arrangement with or in association with any other body or institution, at least once in every 12 month period, of—

(a) a preliminary examination (of such content and form and standard as may be prescribed) to be passed by a person seeking to be bound under indentures of apprenticeship who is not otherwise exempted therefrom pursuant to section 41 (as substituted by the Solicitors (Amendment) Act, 1994) and section 42 of this Act;

(b) such other examination or examinations as are required by the Society to be passed by a person seeking to be admitted as a solicitor.”;

(c) the substitution for paragraphs (a), (b) and (c) of subsection (5) of the following paragraphs:

“(a) restricting the taking of apprentices to practising solicitors whose fitness and capacity to train apprentices is deemed satisfactory by the Society,

(b) the attendance of apprentices, intending apprentices or other persons seeking to be admitted as solicitors at education or training courses (or both) and the content of such education or training courses,

(c) the passing by apprentices, intending apprentices, or other persons seeking to be admitted as solicitors of such examination or examinations as are required by the Society to be passed by a person before being admitted as a solicitor,”;

(d) the substitution for paragraphs (i) and (j) of subsection (5) of the following paragraphs:

“(i) the control and discipline of apprentices, intending apprentices or other persons seeking to be admitted as solicitors,

(j) the exemption, subject to this Act, from courses or examinations (or both), in whole or in part, of persons who produce satisfactory evidence that they have acquired degrees or professional qualifications of a standard and content deemed satisfactory by the Society and awarded by a university or body or institution recognised by the Society as being appropriate, or who have such other special qualifications as the Society deem appropriate,

(k) the holding of courses of further education or training (or both) and the required attendance by solicitors or any specified category of solicitors at one or more of such courses,

(l) the designation of an age below which persons may not sit for the preliminary examination,

(m) the awarding of diplomas, certificates or other awards of merit to solicitors or other persons who have duly completed prescribed courses or passed prescribed examinations (or both).”; and

(e) the insertion of the following subsections:

“(7) Regulations made pursuant to this section shall be made only with the concurrence of the Minister.

(8) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”.