S.I. No. 287/1997:

THE SOLICITORS' ACTS, 1954 TO 1994 (APPRENTICESHIP AND EDUCATION) REGULATIONS, 1997

THE SOLICITORS' ACTS, 1954 TO 1994 (APPRENTICESHIP AND EDUCATION) REGULATIONS, 1997

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 HEREBY MAKE the following Regulations:

1. ( a ) These Regulations may be cited as the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1997.

( b ) These Regulations shall come into operation on the first day of July 1997 and thenceforth, subject to sub-clause (c) of this Regulation, the regulations cited in the First Schedule to these Regulations shall stand revoked.

( c ) Regulation 26 of the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 ( S.I. No. 9 of 1991 ) shall, in respect of any person who prior to the date of coming into operation of these Regulations became the subject matter of a complaint of alleged misconduct made pursuant to that regulation which is continuing, remain in full force and effect.

2. ( a ) In these Regulations--

"the Act" means the Solicitors Act, 1954 (No. 36 of 1954);

"the Act of 1960" means the Solicitors (Amendments) Act, (No. 37 of 1960);

"the Act of 1994" means the Solicitors (Amendment) Act, 1994 (No. 27 of 1994);

"the Advanced Course" means the course of study provided for in Regulation 21;

"annual general meeting" means the general meeting of the Society held each year in the month of November;

"applicant" has the meaning assigned to it in Regulation 7 (a);

"apprentice" includes a person whose name has been entered in the Register of Apprentices and has commenced his period of in office training, and includes a person who has completed his period of in office training but who has not yet been admitted as a solicitor; AND, for the purpose of Regulation 25, has the meaning assigned to it in Regulation 25 (a);

"Board of Examiners" has the meaning assigned to it in Regulation 14 (d) (i);

"candidate" for the purposes of Regulation 13, 19 and 22 means a person sitting the Final Examination or an examination or examinations in a subject (or combination of subjects) forming part of the Final Examination or any part thereof;

"commencement date" means, in relation to a person who is required pursuant to Part IV of the Act (as amended by Part V of the Act of 1994) to be bound by indentures of apprenticeship to a practising solicitor, the date that is fourteen days after the date on which the later of the following occurs namely--

( a ) such person duly completing the Professional Course or such part of the Professional Course as he has not been duly exempted from by the Committee; and

( b ) such person sitting the last of the individual examinations comprising the Final Examination - Second Part as he is required to sit and has not been duly exempted from by the Committee;

"Committee" means the education committee appointed pursuant to Regulation 4;

"the Council" means the Council of the Society;

"Director of Education" means the director of education appointed pursuant to Regulation 16 and, for the purpose of Regulation 25, includes the Deputy Director of Education or such other person who, in the absence of the Director of Education and the Deputy Director of Education, may be authorised by the Committee to carry out the functions of the Director of Education; AND "Deputy Director of Education" means the deputy director of education appointed pursuant to Regulation 16, who, in the absence of the Director of Education, shall be entitled to carry out the functions of the Director of Education;

"Disciplinary Tribunal" means the disciplinary tribunal established pursuant to section 6 (as amended by substitution by section 16 of the Act of 1994) of the Act of 1990;

"Education Advisory Committee" means the education advisory committee appointed pursuant to Regulation 5;

"Final Examination" means the examination, comprising three parts, referred to in Regulation 12(a);

"Final Examination - First Part" means the first part of the Final Examination provided for in Regulation 12(a);

"Final Examination - Second Part" means the second part of the Final Examination provided for in Regulation 12(a);

"Final Examination - Third Part" means the third part of the Final Examination provided for in Regulation 12(a);

"Finance Committee" means the finance committee appointed annually by the Council to supervise the financial affairs of the Society;

"First Irish Examination" means the first examination in the Irish language provided for in Regulation 10(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;

"indentures of apprenticeship" means indentures of apprenticeship in the form set forth in Form 3 in the Second Schedule to these Regulations of an assignment of such indentures of apprenticeship which have been registered in the Register of Apprentices; or, where coming into effect prior to 1st May 1995, means indentures of apprenticeship or an assignment of such indentures of apprenticeship which have been registered in the Register of Apprentices prior to 1st May 1995;

"period of in office training" means the period or periods of attendance on a continuous and whole-time basis by an apprentice at the office of his master provided for in Regulation 20(a);

"Law School" means the law school continued and maintained by the society pursuant to Regulation 16;

"master" means a practising solicitor to whom an apprentice has been bound by indentures of apprenticeship (which have been registered in the Register of Apprentices) to serve as an apprentice for a period of in office training and where the period of in office training has commenced; AND "intended master" means a practising solicitor with whom a person has executed indentures of apprenticeship (which have been registered in the Register of Apprentices) to serve as an apprentice for a period of in office training but where the period of in office training has not yet commenced; AND "proposed master" has the meaning assigned to it in Regulation 7(a); the "other proposed master" has the meaning assigned to it in Regulation 8(a);

"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;

"pass mark" for the purpose of Regulation 13, 19 and 22 means the achievement by a candidate in an individual examination of a mark of at least 50 per cent.;

"practising solicitor" has the meaning assigned to it in section 29 (as substituted by section 44 of the Act of 1994) of the Act;

"Preliminary Examination" means the preliminary examination provided for in Regulation II;

"prescribed fees" means the fees prescribed by regulations made pursuant to section 82 of the Act;

"the Professional Course" means the course of study provided for in Regulation 18(a);

"recognised degree" means a degree from any of the universities of Ireland, England, Scotland or Wales or a degree conferred or recognised by the National Council for Educational Awards under section 3 of the National Council for Educational Awards Act, 1979 ;

"Register of Apprentices" means the register maintained by the Registrar pursuant to section 28(1) of the Act in which the Registrar causes to be entered particulars of indentures of apprenticeship or assignments of indentures of apprenticeship duly produced to the Registrar pursuant to Regulation 7 or Regulation 8;

"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;

"Rule" and "Rules" have the meanings respectively assigned to them in Regulation 13(c);

"the Second Irish Examination" means the second examination in the Irish language provided for in Regulation 10(a);

"the Society" means the Law Society of Ireland;

"Society examination" means any examination conducted by the Society pursuant to these Regulations or the Act or the Act of 1994;

( a ) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts, 1954 to 1994.

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

3. The Interpretation Act, 1937 shall apply for the purpose of the interpretation of these Regulations as it applies for the purposes of the interpretation of an Act of the Oireachtas, except in so far as it may be inconsistent with the Act, the Act of 1960 or the Act of 1994.

4. ( 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 not more than twelve members, of whom at least eight shall be members of the Council (including the president, the senior vice-president and the junior vice-president for the time being elected by the Council) and of whom up to four may be solicitors who are not members of the Council or persons who are not solicitors.

( b ) The members of the Committee shall take office immediately upon appointment and shall hold office until the appointment of their successors; with outgoing members being eligible for reappointment and with the quorum of the Committee being three.

( c ) A vacancy arising on the Committee may be filled by the Council at any time and a member appointed to fill a vacancy shall hold office until the first meeting of the Council to be held after the next following annual general meeting of the Society.

( d ) 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.

( e ) Without prejudice to the generality of clause (d) of this Regulation, the Committee may:

(i) appoint such part-time professors, lecturers, tutors and examiners, and such other personnel whether whole-time or part-time, as the Committee deems appropriate for the operation of the Law School, such appointments to be upon such term and conditions and with such remuneration as the Committee and the Finance Committee approve;

(ii) recommend to the Finance Committee the termination of the appointment of any such professors, lecturers, tutors or examiners, or such other personnel;

(iii) designate the content of the courses of education or training (or both) to be followed by apprentices and extend or diminish the range of subjects included or to be included or to be in the Appendix to these Regulations;

(iv) designate the syllabus for and the rules of conduct to be observed by persons sitting a Society examination;

(v) decide on the entitlement of persons to sit a Society examination;

(vi) declare the results of any Society examination and consider the report or reports of any examination or examinations concerned;

(vii) exempt any person from attendance, or excuse any person for non-attendance, at the course of education or training (or both) comprising either the Professional Course or the Advanced Course, or any part thereof;

(viii) designate forms to be used as may be appropriate in respect of the performance of the functions of the Society relating to the education or training (or both) of persons seeking to be admitted as solicitors;

(ix) authorise the acceptance of any form notwithstanding that it may not comply with a form set forth in the First Schedule to these Regulations or a form otherwise designated by the Committee for a particular function of the Society relating to the education or training (or both) of persons seeking to be admitted as solicitors.

5. ( 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 an education advisory committee consisting of not more than fifteen persons, of whom--

(i) not more than four shall be members of the Council;

(ii) at least three shall be representatives of apprentices; and

(iii) at least three shall be employees of the Society who are working in the Law School.

( b ) The members of the Education Advisory Committee shall take office immediately upon appointment and shall hold office until the appointment of their successors; with outgoing members being eligible for reappointment and with the quorum of the Education Advisory Committee being three.

( c ) A vacancy arising on the Education Advisory Committee may be filled by the Committee at any time and a person appointed to fill a vacancy shall hold office as a member of the Education Advisory Committee until after the next following annual general meeting of the Society.

( d ) The Education Advisory Committee shall perform such advisory functions relating to the education or training (or both) of persons seeking to be admitted as solicitors as shall be allocated to it by the Committee.

6. A person seeking the consent of the Society to be bound by indentures of apprenticeship to a practising for shall first:

( a ) have passed the First Irish Examination; and

( b ) have passed the Preliminary Examination, or been exempted therefrom by reason of:

(i) holding a recognised degree; or

(ii) holding 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 recognised degree; or

(iii) holding the degree of barrister at law from the Honourable Society of King's Inns, Dublin, or other professional qualification which, in the opinion of the Committee in the particular case is equivalent thereto; or

(iv) having satisfied the Society that he is a law clerk within the meaning of section 26(3) (as substituted by section 42 of the Act of 1994) of the Act and, in the opinion of the Committee in the particular case, is a person who has attained a standard of education and experience which is equivalent to the Preliminary Examination; and

( c ) have passed the Final Examination - First Part.

7. ( a ) A person who satisfies the requirements of Regulations 6 (hereinafter in this Regulation referred to as the "applicant") may apply to the Committee for consent to be bound by indentures of apprenticeship to a named practising solicitor (hereinafter in this Regulation referred to as the "proposed master"), and to do so the applicant shall furnish to the Society the following:

(i) an application for consent to enter into indentures of apprenticeship in the form set forth in Form I in the Second Schedule to these Regulations;

(ii) an official copy of the certificate of birth of the applicant;

(iii) evidence in a form acceptable to the Committee that the applicant has satisfied the requirements of Regulation 6;

(iv) evidence in a form acceptable to the Committee of the applicant's previous education and employment record and of his character; and

(v) a certificate of the proposed master in the form set forth in Form 2 of the Second Schedule to these Regulations.

( b ) The Committee may require the applicant to attend for interview (by such person or persons as is or are nominated by the Committee for that purpose) in exercise by the Society of their powers pursuant to the provisions of section 27 (as substituted by section 43 of the Act of 1994) of the Act.

( c ) The Committee may require the proposed master to attend for interview (by such person or persons as is or are nominated by the Committee for the purpose) in exercise by the Society of their powers pursuant to the provisions of sections 29 (as substituted by section 44 of the Act of 1994), 31 and 40(2) of the Act (or any one or more of them).

( d ) Where the Committee is satisfied with the application, certificates and evidence furnished by the applicant to the Society pursuant to clause (a) of this Regulation and with the information obtained from any enquiries that the Committee may deem it proper to make (including information obtained from any interview or interviews conducted pursuant to clauses (b) and (c) of this Regulation), the Society shall issue their written consent to the applicant becoming bound by indentures of apprenticeship to the proposed master.

( e ) Within a period of not more than six months from the date of issue of a written consent of the Society pursuant to clause (d) of this Regulation the applicant shall produce to the Registrar the following:

(i) the written consent of the Society as issued pursuant to clause (d) of this Regulation;

(ii) indentures of apprenticeship (in the form set forth in Form 3 in the Second Schedule to these Regulations) executed by both the applicant and the intended master;

(iii) a statutory declaration by the intended master in the form set forth in Form 4 in the Second Schedule to these Regulations; and

(iv) the prescribed fees.

(f) On due receipt of the prescribed fees and the documents set forth in clause (e) of this Regulation, the Registrar shall cause to be entered in the Register of Apprentices the names and addresses of the parties to such indentures of apprenticeship, the date thereof and the date of the making of such entry.

8. ( a ) An apprentice, to whom sections 32 (as substituted by section 45 of the Act of 1994), 33 (as substituted by section 46 of the Act of 1994), 34 and 35 of the Act (or any one or more of them) apply, many apply to the Committee for consent to be bound by an assignment of his indentures of apprenticeship, or by fresh indentures of apprenticeship, to another practising solicitor (hereinafter in this Regulation referred to as the "other proposed master") for the residue of the term for which the apprentice is so bound; provided that, in respect of an apprentice bound by indentures of apprenticeship which have come into effect prior to 1st May 1995, the provisions of Regulation 9(b) shall apply.

( b ) In making an application to the Committee for consent to be bound by an assignment of his indentures of apprenticeship or by fresh indentures of apprenticeship, the apprentice shall furnish to the Committee the following;

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

(ii) a letter of consent to the application from the master or the intended master, unless the Committee, for good and sufficient reason, otherwise determines; and

(iii) a letter of consent to the application from the other proposed master.

( c ) In so far as the Committee deems reasonable and appropriate, the provisions of Regulation 7(b) and (c) of these Regulations shall apply in relation to an application made pursuant to clause (a) of this Regulation.

( d ) Where the Committee is satisfied with an application made pursuant to clauses (a) and (b) of this Regulation and with the information obtained from any enquiries that the Committee may deem it proper to make (including information obtained from any interview or interviews conducted pursuant to clause (c) of this Regulation), the Society shall issue their written consent unconditionally or subject to such conditions as the Committee may deem reasonable and appropriate.

( e ) Within a period of not more than two months from the date of issue of a written consent of the Society pursuant to clause (d) of this Regulation and subject as may be appropriate to due compliance with any condition or conditions attached to the issuing of such written consent, the apprentice shall produce to the Registrar an appropriate form of assignment of such indentures of apprenticeship, or fresh indentures of apprenticeship (in the form set forth in Form 3 in the Second Schedule to these Regulations), as the case may be, duly executed by both the apprentice and the other intended master; and, on due receipt thereof the Registrar shall cause to be entered in the Register of Apprentices the names and addresses of the parties to such assignment or such fresh indentures of apprenticeship, the date thereof, and the date of making of such entry.

9. ( a ) From 1st May 1995, the term of service under indentures of apprenticeship of a person required to Part IV of the Act (as amended by Part V of the Act of 1994) to be bound by indentures of apprenticeship to a practising solicitor shall be two years commencing on the commencement date.

( b ) Subject to the provision of Regulation 26 (b), an apprentice bound by indenture of apprenticeship which have come into effect prior to 1st May 1995 shall--

(i) to the extent that the unexpected term of such indenture of apprenticeship exceeds two years, be deemed to be an apprentice bound by indentures of apprenticeship for the term of two years commencing on 1st May 1995; or

(ii) to the extent that the unexpired term of such debentures of apprenticeship does not exceed two years, serve out the remaining term of service under such indentures of apprenticeship.

( c ) The provisions of clauses (a) and (b) of this Regulation shall apply without prejudice to the obligation of the apprentice concerned to comply with the requirements for admission as a solicitor applicable to him as set forth in section 24 (as substituted by section 40 of the Act and Regulation 26; and the appropriate term in relation to such indentures of apprenticeship for the purposes of section 24 (1) (b) (as so substituted) of the Act shall be construed having regard to the provisions of clauses (a) and (b) of this Regulation.

( d ) Where application is made, pursuant to Regulation 7 or Regulation 8, by a person required to be bound by indentures of apprenticeship for consent to becoming bound by indentures of apprenticeship (or by an assignment of indentures of apprenticeship) to a practising solicitor, the Committee shall not refuse such consent to such person, and the Registrar shall not refuse to register such indentures of apprenticeship (or such assignment of indentures of apprenticeship) in the Register of Apprentices solely on the ground that the practising solicitor concerned has (at the time of such application) already bound to him by indentures of apprenticeship a number of apprentices equal to the greatest number permitted under the provisions of section 36 (as substituted by section 47 of the Act of 1994) of the Act, where the Committee believes that in the anticipated order of things the practising solicitor concerned will not have bound to him by indentures of apprenticeship a number of apprentices equal to the greatest number permitted under the provisions of section 36 (as so substituted) of the Act as at the commencement date.

( e ) The Committee, on the application of a person who becomes bound by indentures of apprenticeship on or after 1st May 1995 and where it regards it as reasonable and appropriate so to do having regard to all the circumstances in the particular case, may deem a period (up to a maximum period of three months) of attendance by such person at the office of his intended master or at the office of another practising solicitor prior to such person commencing the Professional Course to be equivalent to a period of in office training served by such person as an apprentice after he has duly completed at least eighteen months of his period of in office training.

( f ) Any period of in office training duly served by an apprentice to whom clause (b)(i) or (b)(ii) of this Regulation applies after his completing the Professional Course and prior to 1st May, 1995 shall be deemed to be a period of in office training duly served by such apprenticeship after 1st May, 1995.

( g ) In clause (a) of this Regulation, "term of service under indentures of apprenticeship" means period of in office training.

10. (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 person seeking to be admitted as a solicitor shall pass the Second Irish Examination within two years before the expiration of his term of apprenticeship or within two years before his admission as a solicitor.

11. (a) Pursuant to section 40(4) (as substituted by section 49 (b) of the Act of 1994) of the Act, the Society shall hold, at least once in every twelve month period, 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 6(b) or pursuant to section 41 (as substituted by section 50 of the Act of 1994) of the Act shall be required to sit and pass 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 the sitting of the Preliminary Examination in question.

( d ) Unless otherwise designated 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.

12. (a) Pursuant to section 40(4) (as substituted by section 49(b) of the Act of 1994) of the Act, the Society shall hold, at least once in every twelve month period, 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 23, 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.

13. (a) The Final Examination -- First Part shall be comprised of an examination in each of the following eight subjects (listed alphabetically):

(i) company law;

(ii) constitutional law;

(iii) the law of contract;

(iv) criminal law;

(v) equity;

(vi) the law of the European Union;

(vii) the law of property; and

(viii) the law of torts.

( b ) A person shall be eligible to sit the Final Examination - First Part if he has satisfied the requirements of Regulation 6(a) and (b).

( c ) The following six rules (hereinafter in this clause of this Regulation referred to collectively as "Rules" or individually as "Rule" followed by the number of such Rule) shall apply a candidate sitting the Final Examination - First Part:

Rule 1: Subject to the succeeding Rules, a candidate who achieves a pass mark in an examination in any of the eight subjects comprising the Final Examination -- First Part shall be deemed to have passed that examination.

Rule 2: There shall be no limit to the number of attempts a candidate may make to pass the Final Examination -- First Part, provided that a candidate shall only be deemed to have passed the Final Examination -- First Part where the candidate is deemed to have passed the examinations in all of the eight subjects comprising the Final Examination -- First Part within a period of not more than five years from the 31st December in the calendar year in which the candidate is deemed to have passed at least three of the examinations in accordance with Rule 3(ii) or (where applicable) at least two or one of the examinations in accordance with Rule 4(ii) or (iii).

Rule 3: Except where Rule 5 is applicable, a candidate sitting the Final Examination -- First Part for the first time:

(i) may sit the examinations in all eight subjects or, at his option, in any seven, six, five or four (but not less than four) of the eight subjects comprising the Final Examination

-- First Part; and

(ii) must achieve a pass mark in at least three of the examinations sat in order to be deemed to have passed those examinations.

Rule 4: A candidate sitting the Final Examination -- First Part for the first time who for any reason is required to sit an examination in only three, two or one of the eight subjects comprising the Final Examination -- First Part:

(i) must sit each such examination; and

(ii) where required to sit three examinations, must achieve a pass mark in at least two of the examinations sat in order to be deemed to have passed the examinations in which he so achieves a pass mark; and

(iii) where required to sit only two examinations or only one examination, will be deemed to have passed each examination sat in which he achieves a pass mark.

Rule 5: A candidate to whom Rule 3 applies or to whom Rule 4 applies shall, notwithstanding that he may previously have sat the Final Examination First Part, be deemed to be "sitting the Final Examination -- First Part for the first time" until such time as the candidate fulfils the requirements of Rule 3(ii) or Rule 4(ii) or (iii), as the case may be.

Rule 6: A candidate who has complied with Rule 3(ii) or Rule 4(ii) or (iii), as the case may be, but who is still required to sit and achieve a pass mark in a remaining examination or examinations in the Final Examination -- First Part:

(i) where one remaining examination, may sit the remaining examination at a subsequent sitting of the Final Examination -- First Part; and

(ii) where two or more remaining examinations, may sit all the remaining examinations at one subsequent sitting of the Final Examination -- First Part or, at his option, may sit the remaining examinations individually or in combinations less than the total remaining in separate subsequent sittings of the Final Examination -- First Part; and

(iii) shall be deemed to have passed each such remaining examination or examinations so sat in which he achieves a pass mark.

14. (a) The Committee, shall appoint as required from time to time on a part-time basis an internal examiner and an external examiner for each of the eight subjects (as set forth in Regulation 13 (a)) comprising the Final Examination -- First Part, together with such assistant internal examiners as the Committee may deem from time to time to be required; the terms and conditions of such appointments to be as approved by the Committee and the Finance Committee.

( b ) (i) An internal examiner or an assistant internal examiner shall be a solicitor, a barrister or a third level institution teacher who is, in the opinion of the Committee, suitably qualified to examine in the subject in question.

(ii) The functions of an internal examiner shall be--

(A) to set the examination paper in the subject in question;

(B) to mark the examination scripts of candidates in the subject in question, either alone or in conjunction with one or more assistant internal examiners;

(C) to attend meetings of the Board of Examiners.

(iii) The functions of an internal assistant examiner shall be--

(A) to mark such of the examination scripts of candidates in the subject in question as are submitted to him by the internal examiner;

(B) to attend meetings of the Board of Examiners.

( c ) (i) An external examiner shall be a solicitor, a barrister or a third level institution teacher who is, in the opinion of the Committee, suitably qualified in the subject in question.

(ii) The functions of an external examiner shall be--

(A) to comment and advise on the examination paper set by the internal examiner in the subject in question;

(B) to recheck as part of a standards verification process designated by the Board of Examiners, the marking methodologies of the internal examiner and the assistant internal examiner or examiners in the subject in question;

(C) to attend meetings of the Board of Examiners;

(D) to recheck the examination scripts of candidates who seek such a recheck subsequent to the declaration of results of the Final Examination -- First Part.

( d ) (i) There shall be a board of examiners (in this Regulation referred to as the "Board of Examiners") for the Final Examination -- First Part comprised of:

(A) the internal examiners, the internal assistant examiners and the external examiners in each of the eight subjects comprising the Final Examination -- First Part;

(B) such member or members of the staff of the Society (not exceeding three) as the Committee designate to perform the administrative functions of the Board of Examiners; and

(C) such other suitably qualified and independent person or persons (not exceeding three) nominated by the Committee to represent the public interest;

AND the chairman of the Board of Examiners shall be chosen annually by the members of the Board of Examiners from amongst the examiner members.

(ii) The functions of the Board of Examiners shall be--

(A) to preside over the individual functions of the internal examiners, the internal assistant examiners and the external examiners;

(B) to make recommendations as to the organisation and the conduct of sittings of the Final Examination -- First Part;

(C) to supervise the preparation of spreadsheets of marks obtained by each candidate in each examination sat by that candidate in the Final Examination -- First Part, with each such candidate being identified only by the candidate's examination number;

(D) to consider the marks of each candidate in each examination sat by that candidate in the Final Examination -- First Part;

(E) to recommend to the Committee the candidates who should be declared by the Committee to have passed the Final Examination -- First Part, or who should be deemed to have passed individual examinations within the Final Examination -- First Part, or who should not be so declared or so deemed;

(F) to supervise the rechecking of examination scripts as provided for in clause (g) of this Regulation, and, if requested by a member of the Board of Examiners, to reconvene to consider any matter arising from the rechecking process.

( e ) As soon as practicable after the Board of Examiners has submitted its recommendations in accordance with clause (e)(ii)(E) of this Regulation, the Committee shall declare the results as so recommended and shall ensure that each candidate is notified in writing of his individual result.

( f ) (i) A candidate may, within a period of twenty-one days immediately following the declaration by the Committee of the results of the Final Examination -- First Part, apply in writing to the Society for a recheck of his examination script in respect of any examination in which he is deemed not to have passed and shall remit the appropriate recheck fee as prescribed from time to time by the Society.

(ii) The Society shall, upon receipt of any such application for a re-check (accompanied by the prescribed re-check fee), submit the script or scripts in question for such a recheck to the external examiner or examiners for the subject or subjects in question.

(iii) An external examiner, to whom an examination script is submitted for a recheck, shall, as soon as practicable, carry out such a re-check and communicate the outcome to the Society by returning the script to the society with an appropriate endorsement of the outcome on the outside front page of the examination script in question.

(iv) The Society shall, as soon as practicable after being notified of the outcome of a re-check, notify the candidate in question of such outcome, which outcome shall be final and conclusive unless the external examiner concerned or any other member of the Board of Examiners requests a reconvening of the Board of Examiners to consider any matter arising from such a re-check, in which event the decision of the Board of Examiners on the outcome of the re-check shall be final and conclusive.

15. If a person who has been declared by the Committee to have passed the Final Examination -- First Part does not apply to the Society to be admitted to the Professional Course within a period of five years from the 31st December in the calendar year in which such declaration occurs, 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 eight subjects comprising the Final Examination -- First Part.

16. (a) For the purpose of section 40(1) of the Act, the law school already established shall be continued and maintained by the Society.

( b ) The Society may appoint a director of education, who shall be head of the Law School, and a deputy director of education; and the Society may, in accordance with the provisions of section 40(1) (as substituted by section 49(a) of the Act of 1994) of the Act, designate one or both as professor or professors.

( c ) The functions of the Director of Education and the Deputy Director of Education shall be as 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 designate from time to time rules for the operation of the Law School.

17. (a) Subject to Regulation 15, a person who has passed 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 Regulation 6(a) and (b) and Regulation 7 (and, where appropriate. Regulation 8) and with clause (b) of this Regulation and subject to payment of the prescribed fees.

( b ) When a person applies pursuant to clause (a) of this Regulation to be admitted to the Law School to attend the Professional Course, such person shall produce to the Society written evidence that provision will exist for him to obtain his period of in office training pursuant to Regulation 20(a) commencing on the commencement date.

18. (a) The Professional Course means the first vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to these Regulations as are specified by the Committee, together with such additional subjects as may be specified from time to time by the Committee.

( b ) A person who has complied with the provisions of Regulation 17 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.

19. (a) The Final Examination -- Second Part (which may be in one or more sections) shall be held during or within three months after the end of each Professional Course.

( b ) Without prejudice to the generality of clause (a) of this Regulation, the Committee may decide, in its discretion, to hold the Final Examination -- Second Part or an individual examination or examinations forming part of the Final Examination -- Second Part at any time, whether during or after a particular Professional Course.

( c ) The individual examinations comprising the Final Examination -- Second Part shall be in subjects or combinations of subjects as are specified from time to time by the Committee from amongst the subjects set forth in the Appendix to these Regulations, together with an examination or examinations in such additional subjects as may be specified from time to time by the Committee.

( d ) The Committee shall take all reasonable and appropriate steps to ensure that as soon as practicable after the conclusion of all the individual examinations comprising the Final Examination -- Second Part, the overall results of the Final Examination -- Second Part are declared by the Committee and that each candidate is notified in writing of his individual result.

( e ) A person who does not achieve a pass mark in any one or more of the individual examinations comprising the Final Examination -- Second Part shall not be declared by the Committee to have passed the Final Examination -- Second Part.

(f) (i) The Committee shall procure that a person, who has duly attended the Professional Course and has sat the individual examinations comprising the Final Examination -- Second Part but who has not been declared by the Committee to have passed the Final Examination -- Second Part by reason of not having achieved a pass mark in any one or more of the individual examinations comprising the Final Examination -- Second Part, shall, subject to sub-clause (ii) of this clause, be reasonably provided with the opportunity of re-sitting such individual examination or examinations as he is required by the Committee to re-sit (whether during his period of in office training or following the completion thereof) within a period of not more than six months after his having previously sat and not achieved a pass mark in the individual examination or examinations in question.

(ii) Where the format or content of an individual examination or examinations comprising the Final Examination -- Second Part has been changed (whether by addition, deletion or substitution or by the combining of subjects), the Committee, in its discretion, may direct that a person, who is required to re-sit one or more individual examinations by reason of not having achieved a pass mark in same in a previous sitting of the Final Examination -- Second Part, shall sit (or re-sit) an examination or examinations designated by the Committee which is (or are ), in the opinion of the Committee, as near as may be, equivalent to the individual examination or examinations he had not been deemed to have passed in a previous sitting of the Final Examination -- Second Part in question.

( g ) A person to whom clause (f) of this Regulation applies--

(i) shall subject to sub-clause (ii) of clause(f), be required to achieve a pass mark in each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination -- Second Part; and

(ii) may, if required and subject to sub-clause (ii) of clause (f), re-sit more than once the one or more of the individual examinations in question (whether during his period of in office training or following the completion thereof).

( i ) The Committee may, on the application of either an apprentice to whom clause (f) of this Regulation applies or his master, adjudicate on any dispute arising between the apprentice and his master by reason of the apprentice, during his period of in office training, having to take time off to prepare for the re-sitting of one or more of the individual examinations comprising the Final Examination - Second Part.

20. ( a ) An apprentice shall, subject to clause (b) of this Regulation and to Regulation 21 (c), be required to attend on a continuous and whole-time basis at the office of his master for a period of two years, commencing on the commencement date, for the purpose of serving a bona fide apprenticeship; including receiving due instruction and obtaining experience in the practice of law and in the practice and profession of a solicitor, as more particularly specified in the form of indentures of apprenticeship set forth in Form 3 in the Second Schedule to these Regulations.

( b ) Notwithstanding the provisions of clause (a) of this Regulation, an apprentice may, with the prior consent in writing of his master and of the Committee, during his period of in- office training for a duration of time not exceeding six months hold an office or engage in employment in Ireland or abroad, which, in the opinion of the Committee in the particular case, would be advantageous to such apprentice in the furtherance of his education or training (or both) and his preparation for admission to the solicitors' profession.

( c ) Subject to Regulation 21 (c), an apprentice shall not be entitled to be admitted to the Law School to attend the Advanced Course if he has not, in the opinion of the Committee in the particular case, duly completed his period of in-office training.

( d ) The Committee may request an apprentice or his master (or both) to attend for interview (whether separately or together) before the Committee for the purpose of reviewing any aspect of the period of in-office training of the apprentice.

( e ) Where the Committee is not satisfied as to the adequacy of the period of in-office training of the apprentice, the Committee may require the apprentice to attend for a further period of in-office training either at the office of his master or at the office of another practising solicitor nominated by the apprentice or his master or the Society and approved by the Committee.

( f ) Where, following upon an interview conducted pursuant to clause (d ) of this Regulation, the Committee is 'prima facie' of opinion that a master has unjustifiably failed to comply with his convenience and agreements with an apprentice contained in the indentures of apprenticeship executed by both the master and the apprentice, the Society may make application to the Disciplinary Tribunal pursuant to section 7 (as substituted by section 17 of the Act of 1994) of the Act of 1960 for an inquiry into the conduct of the master in that regard on the ground of alleged misconduct.

( g ) Where, following upon an interview conducted pursuant to clause (d ) of this Regulation, the Committee is 'prima facie' of opinion that an apprentice has unjustifiably failed to comply with his convenience and agreements with his master contained in the indentures of apprenticeship executed by both the apprentice and his master, the Committee may decide to enter upon a consideration of the matter as if it were a complaint of alleged misconduct made against the apprentice pursuant to Regulation 25 and, upon the Committee so deciding, the matter shall then proceed in accordance with the provisions of Regulation 25.

21. ( a ) The Advanced Course means the second Advanced course, vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to these Regulations as are specified from time to time by the Committee, together with such additional subjects as may be specified from time to time by the Committee.

( b ) An apprentice who has been declared by the Committee to have passed the Final Examination -- Second Part and has duly completed his period of in office training pursuant to Regulation 20, shall be entitled to be admitted to the Law School to attend the Advanced Course and shall be required 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 ) Notwithstanding the provisions of Regulation 20 (a) and clause (b) of this Regulation, an apprentice may, with the prior consent in writing of his master (such consent not to be unreasonably withheld) of the Committee and subject to otherwise complying with the provisions of clause (d) of this Regulation, attend the Advanced Course on a full-time release basis during his period of in-office training, provided that the apprentice has, at the date of commencement of the Advanced Course in question, duly completed at least eighteen months of his period of in office training.

( d ) An apprentice who complies with the provisions of clause (b) of this Regulation shall, before being admitted to the Advanced Course, furnish evidence of service of his period of in office training by submitting to the Society:

(i) A statutory declaration by his master in the form set forth in Form 5 in the Second Schedule to these Regulations, unless the Committee, for good and sufficient reason, otherwise determines; and

(ii) A statutory declaration by the master in the form set forth in Form 6 in the Second Schedule to these Regulations.

22. ( a ) The Final Examination -- Third Part (which may be in one or more sections) shall be held during or within three months after the end of each Advanced Course.

( b ) Without prejudice to the generality of clause (a) of this Regulation, the Committee may decide, in its discretion, to hold the Final Examination -- Third Part or an individual examination or examinations forming part of the Final Examination -- Third Part at any time, whether during or after a particular Advanced Course.

( c ) The individual examinations comprising the Final Examination -- Third Part shall be in subjects or combinations of subjects as are specified from time to time by the Committee from amongst the subjects set forth in the Appendix to these Regulations, together with an examination or examinations in such additional subjects as may be specified from time to time by the Committee.

( d ) The Committee shall take all reasonable and appropriate steps to ensure that as soon as practicable after the conclusion of all the individual examinations comprising the Final Examination -- Third Part, the overall results of the Final Examination -- Third Part are declared by the Committee that each candidate concerned is notified in writing of his individual result.

( e ) A person who does not achieve a pass mark in any one or more of the individual examinations comprising the Final Examination -- Third Part shall not be declared by the Committee to have passed the Final Examination -- Third Part.

( f ) (i) The Committee shall procure that an apprentice or other person, who has duly attended the Advanced Course and has sat the individual examinations comprising the Final Examination -- Third Part but who has not been declared by the Committee to have passed the Final Examination -- Third Part by reason of not having achieved a pass mark in any one or more of the individual examinations comprising the Final Examination -- Third Part, shall, subject to sub-clause (ii) of this clause, be reasonably provided with the opportunity of re-sitting such individual examination or examinations as he is required by the Committee to re-sit within a period of not more than six months after his having previously sat and not achieved a pass mark in the individual examination or examinations in question.

(ii) Where the format or content of an individual examination or examinations comprising the Final Examination -- Third Part has been changed (whether by addition, deletion or substitution or by the combining of subjects), the Committee, in its discretion, may direct that person who is required to re-sit one or more individual examinations by reason of not having achieved a pass mark in same in a previous sitting of the Final Examination -- Third Part, shall sit (or re-sit) an examination or examinations designated by the Committee which is (or are), in the opinion of the Committee, as near as may be equivalent to the individual examination or examinations he had not been deemed to have passed in a previous sitting of the Final Examination -- Third Part in question.

( g ) A person to whom clause (f) of this Regulation applies--

(i) shall subject to sub-clause (ii) of clause (f), be required to achieve a pass mark in each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination -- Third Part;

(ii) may, if required and subject to sub-clause (ii) of clause (f), re-sit more than once the one or more of the individual examinations in question.

23. Without prejudice to the generality of the provisions of sections 43 (as substituted by section 51 of the Act of 1994) and 44 (as substituted by section 52 of the Act of 1994) of the Act and section 80 of the Act of 1994, the Committee may, in its discretion, exempt from the Final Examination or any part thereof, or from any individual examination or examinations comprising the Final Examination or any part thereof, the following:

( a ) A person who has been called to the bar of Ireland; or

( b ) A person who is a solicitor in another jurisdiction; or

( c ) A person who is a member of a profession in another jurisdiction which, in the opinion of the Committee in the particular case, corresponds substantially to the profession of solicitor; or

( d ) A person who, in the opinion of the Committee, has a record of distinguished legal academic achievements.

24. Without prejudice to the generality of section 43 (as substituted by section 51 of the Act of 1994) of the Act, a person, who has been called to the bar of Ireland and has practised as a barrister in the State at some time for a continuous period of at least three years or is deemed pursuant to section 43 (6) (as so substituted) of the Act to have so practised at some time for a similar continuous period, who seeks to be admitted as 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 on a continuous and whole-time basis at the office of a practising solicitor nominated by such person and approved by the Committee 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.

25. (a) For the purposes of this Regulation, an "apprentice" includes a person who has completed the term of his indentures of apprenticeship but who has not yet been admitted as a solicitor and also includes a person who has been permitted by the Society to sit the First Irish Examination, the Preliminary Examination or the Final Examination -- First Part and a person who, pursuant to section 43 (as substituted by section 51 of the Act of 1994) of the Act, seeks to be admitted as 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, as soon as practicable, 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 Tribunal 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 against an apprentice to be 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 the opinion of the Committee, for reasons specified in such report, 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 the sitting of any Society examination;

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

(v) suspend such apprentice from attendance at the Law School or at a Society lecture or lectures or other educational or training activity or activities of the Society for such period as the Committee shall think fit in the circumstances of the case;

(vi) require such apprentice to repeat the entire or part 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 within twenty one days of notification to him of such decision, to apply, to the President of the High Court for review of such decision.

( e ) Where the Director of Education receives a complaint concerning (or otherwise becomes aware of) the alleged misconduct of an apprentice in relation to his attendance (or non-attendance) at the Law School or at a sitting of a Society examination or at a Society lecture or other educational or training activity of the Society, the Director of Education, after due consideration and without prejudice to any subsequent referral of such complaint to the Committee pursuant to the foregoing provisions of this Regulation, may (as may be reasonable and appropriate) do one or more of the following, namely--

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

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

(iii) refuse to permit the apprentice to attend or to continue to attend a Society lecture or other educational or training activity of the Society.

( f ) An apprentice who, pursuant to clause (e) of this Regulation is refused or suspended by the Director of Education in relation to attendance (or non-attendance) at the Law School or at a sitting of a Society examination or at a Society lecture or other educational or training activity of the Society, the apprentice shall have the right to appeal such refusal or suspension to the Committee (by notice in writing to the Registrar within a period of not more than three full days from the date of the apprentice being notified of such decision) to review such a decision; provided that such refusal or suspension shall remain in full force and effect pending the hearing by the Committee of any such appeal unless the chairman for the time being of the Committee (or, where unavailable, two other members of the Committee), on being contacted by the Registrar at the request of the apprentice, decides (or decide) that such refusal or suspension should not take effect or should not continue pending the hearing by the Committee of the appeal.

( g ) Nothing in this Regulation shall preclude the Committee from requiring an apprentice to attend before it in relation to any matter concerning his conduct as an apprentice.

26. (a) Subject to the provisions of Part IV (as amended by Part V of the Act of 1994) and of these Regulations, a person shall not be admitted as a solicitor unless:

(i) he has duly attended (or been duly exempted in whole or in part from so attending) the Professional Course and the Advanced Course; and

(ii) he has duly passed (or been exempted in whole or in part from passing) each of the examinations specified in these Regulations; and

(iii) he has duly completed a period of in office training; and

(iv) he has satisfied the Society that he is a fit and proper person to be admitted as a solicitor.

( b ) An apprentice to whom Regulation 9 (b) (i) or (b) (ii) applies, who has duly completed a period of at least eighteen months of in office training between his completing the Professional Course and his having been admitted to the Advanced Course, shall--

(i) be deemed to have duly completed a period of in office training pursuant to sub-clause (iii) of clause (a) of this Regulation; and

(ii) be deemed to have duly served his term of service under indentures of apprenticeship upon his duly complying with the provisions of sub-clauses (i), (ii) and (iv) of clauses (a) of this Regulation.

27. A person intending to sit any Society examination. other than the Final Examination -- Second Part (or any part thereof) and the Final Examination -- Third Part (or any part thereof), shall, at least twenty-eight days before the date of commencement of such examination, make due application to the Society to sit such Society examination and pay the prescribed fees.

28. 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 19th day of June 1997.

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

FRANCIS D. DALY,

President of the Law Society of

Ireland.

I concur, to the extent required pursuant to Section 40 (7) (as inserted by the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 , with the making of the within Regulations.

Dated this 25th day of June 1997.

NORA OWEN,

Minister for Justice.

APPENDIX

Accountancy

Advocacy

Commercial Law

Company Law

Conveyancing

Criminal Law and Procedure

Employment Law

European Union Law

Evidence

Family Law

Human Rights

Insolvency Law

Intellectual Property Law

Investment/Finance Management

Landlord and Tenant Law

Law of Trusts

Lawyers' Skills, including Interviewing, Research, Drafting and Negotiation

Litigation

Management

Partnership Law

Pensions Law

Planning and Environmental Law

Planning Conduct

Revenue Law and Taxation

Social Welfare Law

Wills, Probate and Administration of Estates

FIRST SCHEDULE

Apprenticeship and Education Regulations referred to in Regulation l(b)

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 ) (Amendment) Regulations, 1992 ( S.I. No. 359 of 1992 ), The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment No. 2) Regulations, 1992 (S.I. 360 of 1992), The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1993 ( S.I. No. 320 of 1993 ) and the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) (Amendment) Regulations, 1995 ( S.I. No. 102 of 1995 ).

SECOND SCHEDULE

FORM 1

Application for Consent to Enter into Indentures of Apprenticeship

for a term of service thereunder of two years to commence on the date that will be fourteen days after the date on which the later of the following occurs, namely, my duly completing the Society's Professional Course and my sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as I will be required to sit.

1. I was born on the....................................................day of............................................19............................

[Official copy of my birth certificate attached]

2. I passed the Society's First Irish Examination in 19.................

[Evidence attached]

3. I passed the Society's Preliminary Examination in 19.................

[Evidence attached]

or

I am exempted from sitting the Society's Preliminary Examination by reason of holding a recognised degree*

I am exempted from sitting the Society's Preliminary Examination by reason of holding a degree (not being an honorary degree) or other qualification which, in the opinion of the Society's Education Committee in the particular case, is equivalent to a recognised degree.

[Certified copy of degree, and written confirmation of the decision of the Society's Education Committee of its equivalence to a recognised degree, attached]

or

I am exempted by reason of being a law clerk within the meaning of section 26 (3) (as substituted by section 42 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 and I have attained a standard of education and experience as, in the opinion of the Society's Education Committee in the particular case, is equivalent to the Society's Preliminary Examination.

[Copy of written confirmation of the decision of the Society's Education Committee in that regard attached]

4. I passed the Society's Final Examination - First Part in 19. [Evidence attached]

5. My previous education record is as set forth in the attached certificate signed by me.

[Attached certificate should give details of primary, secondary and university education and public examinations] passed and degree(s) obtained]

6. My previous employment record is as set forth in the attached certificate signed by me.

[Attached certificate should give details of name and address of each employer, applicant's occupation in each employment and period of each employment]

7. I attach character references from:

[At least two character reference should accompany this application in addition to the character references contained in the accompanying certificate of the proposed master, but other character references may be requested by the Society's Education Committee]

8. I have not been convicted of any crime, nor has the Probation of Offenders Act, 1907 been applied to any charge against me, nor is there any criminal charge pending against me (other than as attached). [Delete words in brackets, if inapplicable]

9. I hereby authorise the Society to make such enquiries as they deem it proper to make in exercise of their powers in that regard pursuant to the provisions of section 27 (as substituted by section 43 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 .

*A 'recognised degree' means a degree from any of the universities of Ireland, England, Scotland and Wales, or a degree conferred or recognised by the National Council for Educational Awards under section 3 of the National Council for Educational Awards Act, 1979 .

FORM 2

Certificate of Proposed Master

Solicitor HEREBY CERTIFY as follows:

1. I am a practising solicitor within the meaning of section 29 (5) (as substituted by Section 44 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 * and I have at some time been in continuous practice as a solicitor for a period of at least five years.

2. I hold a current practising certificate and have been in continuous practice as a solicitor for a period of ........................ years next prior to the date of this certificate.

3. I have, as of the date of this certificate--

no apprentice bound on me by indentures of apprenticeship either where the term thereof has already commenced or where the term thereof is due to commence in the future.

or

...................apprentice(s) as set forth in the attached certificate signed by me.

[The attached certificate should give name(s] of apprentice(s), date(s) of indentures of apprenticeship and actual commencement date(s), where applicable, or approximate commencement date(s) where in the future]

4. I have read the application for consent to enter into debentures of apprenticeship (with attachments thereto) of...................................................and believe the statements therein are correct.

5. From the enquiries that I have made, I am satisfied that the said............................................................ .......is a fit and proper person to be so bound to me by indentures of apprenticeship and to be admitted as a solicitor.

6. I am prepared, subject to the consent of the Law Society of Ireland ("the Society"), to have the said . ............................................................ ..............bound to me by indentures of apprenticeship to commence on the date that will be fourteen days after the date on which the later of the following occurs, namely, (s)he duly completing the Society's Professional Course and (s)he sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as (s)he will be required to sit.

*Section 29 as substituted by section 44 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 provides that a 'practising solicitor' means a solicitor engaged fulltime in the provision of legal services as

( a ) a sole practitioner, or

( b ) a partner in a firm of solicitors, or

( c ) a solicitor in the whole time employment of a body corporate, or

( d ) a solicitor in the fulltime service of the State within the meaning of section 54 (as substituted by section 62 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 .

FORM 3

Indentures of Apprenticeship

1. In consideration of the mutual convenience hereinafter contained and of the future payments by way of salary made by the Master to the Apprentice, the Apprentice hereby binds himself/herself as an apprentice to the Master to attend on a continuous and whole-time basis at the office of the Master for a period of two years (hereinafter referred to as "period of in office training") to commence on the date (hereinafter referred as "the commencement date") that is fourteen days after the date on which the later of the following occurs, namely, the Apprentice duly completing the Professional Course of the Law Society of Ireland ("the Society") and the Apprentice sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as (s)he will be required to sit.

Covenants of the Apprentice

2. The Apprentice hereby COVENANTS with the Master that during the period of in office training (s)he will:

( a ) duly serve the Master as a solicitor's apprentice during the period of in office training from the commencement date;

( b ) refrain from disclosing any information as to the business of the Master or of any client of the Master (or of any partner or employee of the Master or of the firm of which the Master is part) to any third party, including any information of any nature or kind received during and in the course of the period of in office training;

( c ) promptly and efficiently carry out the Master's reasonable directions and not depart or be absent from the service of the Master at any time during the period of in office training without the Master's previous consent and (where required) that of the Society, and at all times during and in the course of the period of in office training behave with all due diligence and honesty;

( d ) take due and diligent care of all moneys and/or property of the Master or of any client of the Master (or of any partner or employee of the Master or of the firm of which the Master is part) and not cause or permit any such moneys and/or property to be adversely handled or disposed of or damaged or destroyed or otherwise adversely dealt with;

( e ) duly comply with all prescribed requirements in force for the time being of the Society and duly attend such course or courses of education or training (or both) and examinations and interviews as and when required by the Society;

( f ) maintain a due written record of the work done, instruction received and experience obtained by the Apprentice during the period of in office training;

( g ) in the event of the breach of any of the foregoing covenants or if the Master or any partner or employee or client of the Master (or of the firm of which the Master is part) sustains or suffers any loss or prejudice arising out of the misconduct or wrongful neglect of the Apprentice (without prejudice to any other action which has been or might be taken by the Master or by the Society), make good and reimburse to the Master the amount of the value thereof.

Covenants of the Master

3. The Master hereby CONVENIENCE with the Apprentice that during the period of in office training (s)he will:

( a ) take the Apprentice as a solicitor's apprentice;

( b ) provide the Apprentice with such office facilities as are appropriate and reasonable to enable the Apprentice to duly work, to receive due instruction and to obtain experience in the practice of law and the practice and profession of a solicitor;

( c ) pay to the Apprentice a gross salary (increased as appropriate from time to time) of not less than the gross amount or amounts recommended by the Society from time to time and duly notified by the Society to the solicitors' profession;

( d ) by the best ways and means (s)he can, instruct the Apprentice (or cause the Apprentice to be instructed) and provide the Apprentice with the opportunity to obtain experience in the practice of law and the practice and profession of a solicitor:

( e ) without prejudice to the generality of convenant (d)--

(i) provide the Apprentice with the opportunity to practise drafting, letter writing, interviewing and advising, legal research, negotiation, advocacy and oral presentation and other such skills which are appropriate to the practice of law and the practice and profession of a solicitor AND with the opportunity to gain experience of both contentious and non-contentious work; and

(ii) provide the Apprentice with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block I, Block 2 and Block 3 (below) AND with reasonable and appropriate instruction and experience in at least two of the areas of legal practice set out in Block 4 (below):

Block 1

Conveyancing and Landlord and Tenant Law

Block 2

Litigation

Block 3

Wills, Probate and Administration of Estates.

Block 4

Commercial Law

Company Law

Criminal Law and Procedure

Employment Law

European Union Law

Family Law

Insolvency Law

Intellectual Property Law

Law of Trusts

Pensions Law

Planning and Environmental Law

Revenue Law and Taxation

Social Welfare Law

Other specialised area of legal practice, namely,

(iii) where the Master is unable for whatever reason to provide (or cause to be provided) within his/her office or firm reasonable and appropriate instruction and experience in any one or more of the areas of legal practice set out in Block 1, Block 2 and Block 3 (above), make suitable arrangements for the Apprentice to be seconded for a reasonable and appropriate period to the office of another practising solicitor, as approved in advance by the Society, in order that the Apprentice be given the opportunity to acquire such reasonable and appropriate instruction and experience.

Review of experience and appraisal of performance

4. The Master hereby AGREES with the Apprentice that during the period of in office training (s)he will:

( a ) permit the Apprentice to maintain a due written record of the work done, instruction received and experience obtained by the Apprentice (for production by the Apprentice to the Master and to the Society, if requested);

( b ) ensure adequate arrangements for appropriate guidance of the Apprentice, including access by the Apprentice to the Master or other supervising solicitor within the Master's office, on a day to day basis;

( c ) make suitable arrangements to monitor the Apprentice's progress on a regular basis and to discuss that progress with the Apprentice;

( d ) make prompt and adequate arrangements to deal with any reasonable personal concerns of the Apprentice in relation to his/her period of in office training;

( e ) (both during and at the expiration of the period of in office training) comply with the prescribed requirements in force for the time being of the Society to enable the Apprentice to be admitted as a solicitor PROVIDED THAT the Apprentice shall have duly served as an Apprentice during the period of in office training and shall have performed and observed the covenants on his/her part herein before contained and shall have duly completed the prescribed course(s) of education or training (or both) and passed the prescribed examinations) and otherwise duly compiled with all other prescribed requirements in force for the time being of the Society.

Conditions precedent

5. The coming into effect of these indentures of apprenticeship and the commencement of the period of in office training is conditional upon the Apprentice duly completing the Society's Professional Course and sitting the individual examinations comprising the Society's Final Examination - Second Part as s(h)e will be required to sit AND in the event of the Apprentice not satisfying these conditions precedent within a period of three years following the date hereof then these indentures of apprenticeship may (subject to at least two months prior notice in writing to that intended effect being served by either party hereto on the other and on the Society) be treated by either party hereto as having been at all times wholly inoperative.

Termination

6. These indentures of apprenticeship may (subject to at least two months prior notice in writing to that intended effect being served by either party hereto on the other and on the Society) be terminated either by mutual agreement in writing between the parties hereto or in accordance with the provisions relating to termination of indentures of apprenticeship contained in Part IV (as amended by Part V of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 .

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

SIGNED and SEALED by the Master

SIGNED and SEALED by the Apprentice

(These indentures of apprenticeship must be produced to the Registrar of Solicitors within six months of the date thereof.).

(For office use only)

Produced to the Registrar of Solicitors and particulars thereof entered in the Register of Apprentices pursuant to section 28 of the Solicitors Act, 1954 this................................... day of................................19...........

FORM 4

Statutory Declaration as to Execution of Indentures of Apprenticeship

DO SOLEMNLY AND SINCERELY DECLARE as follows:

1. l am a practising solicitor within the meaning of section 29 (as substituted by section 44 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 and I carry on my practice as a sole practitioner/a partner in a firm of solicitors/a solicitor in the whole time employment of a body corporate/a solicitor in the fulltime service of the State* at............................................................ ............................................................ ...........................

the County of............................................................ ............................................................ .....................

2. The indentures of apprenticeship dated the.............................day of......................19..................produced herewith to the Registrar of Solicitors pursuant to section 28 of the Solicitors Act, 1954 , were duly executed by............................................................ ......and by myself, this declaring.

3. The terms of such indentures of apprenticeship is two years which will commence on the date that is fourteen days after the date on which the later of the following occurs, namely, the said................................................duly completing the Professional Course of the Law Society of Ireland ("the Society") and sitting the last of the individual examinations comprising the Society's Final Examination Second Part as (s)he will be required to sit.

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 Society.

[*Delete if applicable]

FORM 5

Statutory Declaration of Master as to Service by Apprentice of already Completed Period of In office Training

DO SOLEMNLY AND SINCERELY DECLARE as follows:

1. That............................................................ .............................................(hereinafter referred to as "the Apprentice") has been bound to me as an apprentice by indentures of apprenticeship dated the........................day of..................19............. to serve a period of in office training which commenced on the . ...................................day of............................................................ ................................................ 19...................... (being the date that was fourteen days after the date on which the later of the following occurred, namely, the Apprentice having duly completed the Society's Professional Course and the Apprentice having sat the last of the individual examinations comprising the Society's Final Examination - Second Part as (s)he was required to sit).

2. Since the commencement date of the aforesaid period of in office training, the Apprentice has duly attended on a continuous and whole-time basis and already completed at least..................................months of such period of in office training at my office at............................................................ ......................................... in the County of............................................................ ........................ for the purpose of doing work, receiving due instruction and obtaining experience in the practice of law and the practice and profession of a solicitor and has been absent only for certified medical reasons or statutory holidays, totalling not more than............................working days (save for the following periods and for the following stated or apparent reasons.....................................).

3. I believe the Apprentice has, during the aforesaid already completed period of in office training, conscientiously endeavoured to do work, to take instruction and to obtain experience as appropriate in the practice of law and the practice and profession of a solicitor.

4. For my part, I have endeavoured (in conjunction with other solicitors within my office*) during the Apprentice's aforesaid already completed period of in office training to comply with my covenants and agreements with the Apprentice contained in paragraphs 3 and 4 of the aforesaid indentures of apprenticeship and. in particular--

(i) I have provided the Apprentice with the opportunity to practise drafting, letter writing, interviewing and advising, legal research, negotiation, advocacy and oral presentation and other such skills, which are appropriate to the practice of law and the practice and profession of a solicitor AND with the opportunity of gaining experience in both contentious and non-contentious business; and

(ii) I have provided the Apprentice with reasonable and appropriate instruction and experience in the area of legal practice set out in Block 1, Block 2 and Block 3 (below) AND with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 4 (below), as duly indicated:

Block 1

Conveyancing and Landlord and Tenant Law

Block 2

Litigation

Block 3

Wills Probate and Administration of Estates

Block 4

Commercial Law

Company Law

Criminal Law and Procedure

Employment Law

European Union Law

Family Law

Insolvency Law

Intellectual Property Law

Law of Trusts

Pensions Law

Planning and Environmental Law

Revenue Law and Taxation

Social Welfare Law

Other specialised areas of legal practice, namely,

*[5. Insofar as I have not, during the aforesaid already completed period of in office training, been able to provide (or cause to be provided] within my office or firm reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 1, Block 2 and Block 3 (above), I say that I made arrangements (with the prior written consent of the Society) for the apprentice to be seconded to the office of another practising solicitor, namely............................................................ ................ who practices at............................................................ .................. in the County of......................................................... for a period of .............................................. weeks (from..............................to....................................) in order that the Apprentice be provided with such reasonable and appropriate instruction and experience in the following areas of legal practice, namely**............................................................ ............................................................ .........

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

AND I have satisfied myself that the Apprentice was duly provided by the said............................................................ ............................................................ .....................................................

with reasonable and appropriate instruction and experience in the said areas of legal practice.]

6. During the aforesaid already completed period of in office training:

( a ) I permitted the Apprentice to maintain a record of work done, instruction received and experience obtained by the Apprentice (for production by the Apprentice to myself and to the Society, if so requested);

( b ) I ensured adequate arrangements for appropriate guidance of the Apprentice, including access by the Apprentice to myself (or (an)other supervising solicitor(s) within my office*), on a day to day basis;

( c ) I made suitable arrangements to monitor the Apprentice's progress on a regular basis and to discuss (or arranged for (an)other supervising solicitor(s) within my office to discuss*) that progress with the Apprentice; and

( d ) I made prompt and adequate arrangements to deal with any reasonable personal concerns of the Apprentice in relation to his/her aforesaid already completed period of in office training.

7. I know of nothing which would suggest that the Apprentice is not a fit and proper person to be admitted as a solicitor.

8. The Apprentice has not, during the aforesaid already completed period of in office training, held any office or engaged in any employment other than employment under the aforesaid indentures of apprenticeship (except in the following respects............................................................ ............................................................ ...................................

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

9. I make this SOLEMN DECLARATION conscientiously believing same to be true and by virtue of the provision of the Statutory Declarations Act, 1938 and for the satisfaction of the Society.

*[Delete if inapplicable].

**[List areas of legal practice from Block I, Block 2 and/or Block 3].

FORM 6

Statutory Declaration of Apprentice as to Service of already Completed Period in In office Training

DO SOLEMNLY AND SINCERELY DECLARE as follows:

1. I have duly attended on a continuous and whole-time basis and already 4 completed at least . months of service of my period of in office training at the office of my Master............................................................ ....................................... at ............................................................ ............................................................ ............................................................ ..in

the County of............................................................ ............................................................ ........since its commencement on the.........................day of.................................... 19....................................... pursuant to my indentures of apprenticeship dated the...........................................day of............................................................ ............................................................ ...................................................19........

2. During the aforesaid already completed period of in office training I have only been absent for:

(i) certified medical reasons or for statutory holidays (not exceeding in total............................working days); [and]*

*[(ii) ..................................working days between............................................................ ............................................................ ....................................

19....................... and ............................................................ ............................................................ ...........

19..................................... by reason of............................................................ .........................................]

3. I did not at any time during the aforesaid already completed period of in office training hold any office or engage in any employment except employment under the aforesaid indentures of apprenticeship (other than with the prior consent in writing of my Master and of the Society, as follows

4. I have read the Statutory Declaration of my Master as to service by me of my aforesaid already completed period of in office training, declared the....................................day of....................................................... 19...................................(produced herewith), and I confirm the accuracy of the contents thereof.

* [Delete if inapplicable]

EXPLANATORY NOTE.

The principal purpose of the Instrument is to provide for

-- the membership and powers of the Education Committee and the Education Advisory Committee of the Law Society of Ireland;

-- the procedure to be followed to become a solicitor's apprentice;

-- the holding of Society examinations and the subjects to be examined;

-- the appointment of examiners and the membership of the Board of Examiners for the Final Examination - First Part;

-- the continuance of the Society's Law School and its Professional Course and Advanced Course;

-- the period of in office training for apprentices;

-- the requirements for the admission as a solicitor of a barrister to whom section 43 (as submitted by section 51 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 applies;

-- procedures for dealing with alleged misconduct by apprentices;

-- the revocation of existing regulations;

-- scheduled forms relating to the apprenticeship process.