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S.I. No. 507/1997 - Solicitors (Practising Certificate 1998) Regulations, 1997

Type Statutory Instrument

Publication 1997-12-18

Last updated 1998-12-18

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 7

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 1998-12-18, S.I. No. 492/1998 - The Solicitors Acts, 1954 To 1994 Solicitors (Practising Certificate …

Reform history JSON API

S.I. No. 507 of 1997.

SOLICITORS (PRACTISING CERTIFICATE 1998) REGULATIONS, 1997

The Law Society of Ireland, in exercise of the powers conferred on them by Section 47 (as substituted by Section 54 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 (Practising Certificate 1998) Regulations, 1997.

( b ) These Regulations shall come into operation on the 1st day of January 1998.

2.

( a ) In these Regulations, unless the context otherwise requires:

"applicant solicitor" means the solicitor the subject matter of an application delivered to the Registrar;

"application" means the form of application for a practising certificate 1998 set out in the Schedule to these Regulations purporting to be duly completed and signed by an applicant solicitor personally;

"Registrar" means the registrar of solicitors appointed pursuant to Section 8 of the Solicitors Act, 1954 .

"Compensation Fund Committee" means the committee to whom functions of the Society pursuant to Part V of the Solicitors Act, 1954 , as amended and extended by Part VI of the Solicitors (Amendment) Act, 1994 , have been delegated by the Council.

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

( c ) The Interpretation Act, 1937 applies to the interpretation of these Regulations as it applies to the interpretation of an Act of the Oireachtas.

3.

A solicitor applying for a practising certificate for the practice year commencing 1st January 1998 and ending 31st December 1998, or a solicitor to whom Section 56 (3) of the Solicitors (Amendment) Act, 1994 applies, shall, in person or by his agent, deliver to the Registrar an application which:—

( a ) shall be in the form set out in the Schedule to these Regulations;

( b ) shall be duly completed and signed by the applicant solicitor personally.

4.

( a ) The Registrar at any time following delivery to him of an application pursuant to Regulation 3 of these Regulations (whether or not a practising certificate has been issued to the applicant solicitor pursuant to such application) may, where he deems it appropriate and reasonable so to do, require the applicant solicitor to confirm in writing the accuracy of all or any specified part or parts of such application.

( b ) Where, on receipt of a confirmation in writing required by him pursuant to clause (a) of this Regulation, he deems it appropriate and reasonable so to do, the Registrar may require the applicant solicitor to attend before the Compensation Fund Committee to further confirm the accuracy of all or any specified part or parts of the application so delivered to the Registrar.

5.

An applicant solicitor who in an application delivered to the Registrar knowingly furnishes information that is false or misleading in a material respect shall be guilty of misconduct.

6.

On the coming into operation of these Regulations, the Solicitors (Practising Certificate 1997) Regulations, 1996 ( S.I. No. 401 of 1996 ) shall cease to have effect.

Dated this 18" day of December 1997.

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

LAURENCE K. SHIELDS

President of the Law Society of Ireland

Schedule within referred to.

THE LAW SOCIETY OF IRELAND

Blackhall Place, Dublin 7

APPLICATION FOR A PRACTISING CERTIFICATE 1998*

(for the practice year ending 31st December 1998)


NAME:_____	Enclosed Remittance [see amount set out on page 4.]: Registration Fee □ Compensation Fund Contribution□ Society's Membership Subscription□ Solicitor's Benovolent Association Contribution□
NAME OF FIRM:____	Enclosed Remittance [see amount set out on page 4.]: Registration Fee □ Compensation Fund Contribution□ Society's Membership Subscription□ Solicitor's Benovolent Association Contribution□
PRICIPAL PRACTICE ADDRESS: _____ _____ _____

Section A - General

(1) I was admitted as a solicitor in the ____ Sittings 19 __.

(2) Last Practising Certificate:

[Please tick as appropriate]

(a) I currently hold a Practising Certificate issued to me which expires on 31st December 1997.□

(b) I have held a Practicing Certificate issued to me which expired on 31st December 1997.□

(c) I last held a Practising Certificate for a practice year other than the practice year ending 31st December 1997 [see also (7), overleaf].□

(d) I am not required to hold a Practising Certificate by reason of being-

(i) a solicitor in the full time service of the State*;□

(ii) a conveyancing only solicitor employed by a non-solicitor*.□

(e) This is my first application for a Pracising Certificate [See also (7), overleaf].□

(3) I currently hold a certificate entitling me to practise as a solicitor in the following other jurisdiction(s):

(4) My current professional status is:

[Please tick as appropriate]

Sole practitioner (i.e. practising as a sole principal in a solicitor's practice)□

Equity Partner in a solicitor's practice□

Consultant solicitor in solicitor's practice□

Employed solicitor in a solicitor's practice (including salaried partner) □

Solicitor employed by a non- solicitor (e.g. financial institution, commercial entity, statutory body)□

Locum (solicitor intending only to practise on short-term contract or employment basis)□

Other [please specify] _________ □

(5) Particulars of practice:

(a) Name(s) of practice(s)____________

(b) Name of managing partner / solicitor-in-charge ___________

(d) Other Practice address(es):________

QUESTIONS OF THE REGISTRAR OF SOLICITORS TO BE ANSWERED BY EACH APPLICANT FOR A PRACTISING CERTIFICATE, PURSUANT TO PART V OF THE SOLICITORS ACT, 1954 , AS AMENDED AND EXTENDED BY PART VI OF THE SOLICITORS (AMENDMENT) ACT, 1994 .

[Please Tick Yes/No box as appropriate [image omitted] ]


(a)	Has the last Practising Certificate issued to you been suspended, issued subject to conditions or been endorsed with conditions?	Yes □	No □
(b)	Since the last Practising Certificate issued to you, have you failed to comply with the Solicitors Acts, 1954, to 1994 or whith any order or regulation made thereunder, including the Solicitors Accounts Regulaitons No. 2 of 1984?	Yes □	No □
(c)	Since the last Practising Certificate issued to you, have you been notified that you have failed to satisfy the Society that you exercise adequate personal supervision over any office or place of business?	Yes □	No □
(d)	Since the last Practising Certificate issued to you, have you been notified that you have failed to give the Society an explanation which the Society regards as sufficient and satisfactory in respect of any matter affecting you conduct?	Yes □	No □
(e)	Since the last Practising Certificate issued to you, has an order of attachment or committal been made against you?	Yes □	No □
(f)	Since the last Practising Certificate issued to you, have you entered into a composition with your creditors or deed of arrangement for the benefit of your creditors?	Yes □	No □
(g)	Since the last Practising Certificate issued to you, have youfailed to comply with an order of the High Court or any other court or courts?	Yes □	No □
(h)	Since the last Practising Certificate issued to you, have you failed to comply with a determination, requirement or directiono f hte Society under Section 8 of the Solicitors (Amendment) Act, 1994 ?	Yes □	No □
(i)	Since the last Practising Certificate issued to you, have you been sentenced to a term of imprisonment?	Yes □	No □
(j)	Since the last Practising Certificate issued to you, have you failed to satisfy the Society that you are fit to carry on the practice of a solicitor, having regard to the state of your physical or mental health?	Yes □	No □
(k)	Since the last Practising Certificate issued to you, have you failed to satisfy the Society that, having regard to all the circumstances, including the financial state of your practice, you should be issued with a Practising Certificate or a Practising Certificate not subject to a specified condition or conditions?	Yes □	No □
(l)	Is this application by you for a Practising Certificate following upon the expiration of a period of suspension from practice?	Yes □	No □
(m)	Is this application by you for a Practising Certificate following upon an order by the High Court restoring your name to the Roll of Solicitors?	Yes □	No □
(n)	Has any judgement(s) or decree(s) been given against you [other than judgement (s) or decree(s) to which you are entitled, as respects the whole effect of the judgement(s) or decree(s) upon you, to indemnity or relief from any other person] which remain(s) unsatisfied in whole or in part, and in respect of which judgement(s) or decree(s) you have not produced to the Registrar of Solicitors evidence of the satisfaction of such jedgement(s) or decree(s)? [If applicable, details should be submitted with this form of application of any such judgement(s) or decree(s), including evidence of the satisfaction thereof.]	Yes □	No □
(o)	Have you been adjudicated a bankrupt?	Yes □	No □
(p)	Do any of the provisons of the Lunacy Regulation (Ireland) Act 1871 (or any Act amending or extending that Act) relating to management and administration of property apply to you?	Yes □	No □

(7) [To be completed by a solicitor who did not hold a Practising Certificate for the immediately preceding practice year other than a solictor who is making his/her first application for a Practising Certificate immediately following upon his/her admission as a solicitor.]

I did not hold a Practing Certificate since the practice year ended 31 December 19for the following reasons(s):___________

Section B - Solicitors' Accounts Regulations No. 2 of 1984

[ Part I of this Section must be completed by a solicitor who is practising in a solicitor's practice as a sole principal or as a partner, or by any other solicitor who handles clients' moneys. The declaration in Part II of this Section must be signed by a solicitor to whom Part I of this Section does not apply.]

Part I:

(a) The last Accountant's Certificate delivered to the Society was for the Accounting Period ending on the ___ day of ___ 199 .

(b) The name and address of my certifying accountant(s) is/are: _______

Part II:

[The declaration set out below should be signed by an employed solicitor in private practice, or by a solicitor employed by a non solicitor, who has not handled clients moneys during the preceding practice year except on behalf of his/her employer.]

I declare that I have not handled clients' moneys at any time during the immediately preceding practice year. except on behalf of my employer.

Signature _____

Section C Professional Indemnity Insurance

[This Section must be completed to comply with The Solicitors Acts 1954 to 1994 (Professional indemnity insurance] Regulations, 1995 ( S.I. No. 312 of 1995 ). Part I of this Section must be completed by a solicitor other than a solicitor to whom Part II of this Section applies.]

Part I:

(a) Name of Professional Indemnity Insurer: __________

(b) Date of commencement of current period of professional Indemnity cover:________

I confirm that the particulars set out above in (a), (b) and (c) are correct at the date of this application, and I undertake that I will use my best endeavours to furnish (or cause to be furnished) to the Society, not later than 15 days after the date of the expiration of my current period of Professional Indemnity cover us set out in (c) above, confirmation from a qualified insurer ** of there being in force relating to me the minimum level of cover (£350,000) from the date of such expiration until at least the 31st day of December 1998.

Part II:

[Part II of this Section applies to a solicitor who provides legal services ** (or conveyancing services ** only] to and for his/her employer, provided that such employer is not a solicitor.]

I certify that I am a solicitor employed fulltime within the State to provide legal services (or conveyancing services ** only ) to and for my employer, who is not a solicitor, and J further certify that, for the duration of the practice year to which this application relates, I will not engage in the provision of legal services (or conveyancing services ** only) to and for any person or persons other than my employer.

[ Within the meaning of S.I. No. 312 of 1995 ]


I hereby declare that the particulars set out in Sections A, B and C of this application are correct to the best of my knowledge, information and belief. Dated this _ day of __199 _. Name (block letters) ___ Signature _____

Membership of the Society

I hereby apply for membership of the Society for the practice year commencing 1st January 1998.

Signature ______.

PRACTICE YEAR 1998

Registration Fee. Compensation Fund Contribution. Society Membership Subscription and Solicitors' Benevolent Association Contribution


	Solicitors admitted 3 years or more on 1st January 1998	Solicitors admitted less than 3 years on 1st January 1998
	£	£
Registration Fee Compensation Fund Contribution [see note 2 below]	565 600 __	397 600 ___
Society's Membership Subscription [see note 5 below]	1165 50 ___	997 25 ___
Solicitors' Benevolent Association Contribution [See note 5 below]	1215 30 ____	1022 20 ____
Total	1245	1042

NOTES

This form of application must be completed by a solicitor engaged (or intending to engage during the practice year commencing 1st January 1998) in the provision of legal services whether as a sole practitioner or as a partner in a solicitor's practice or as an employee of any solicitor or of any other person or body, including a solicitor who does not require a Practising Certificate by reason of being 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], or of being a solicitor employed fulltime in the State to provide conveyancing services only to and for his/her non-solicitor employer [section 56. Solicitors (Amendment] Act. 1 994].

The Registration Fee and the Compensation Fund Contribution is payable by each applicant for a Practising Certificate.

The practice year coincides with the calendar year. A Practising Certificate must be applied for before 1st February 1998 in order to be dated 1st January 1998 and thereby to operate as a qualification to practise from the commencement of the practice year 1998. During April 1998. a listing of solicitors holding Practising Certificates as at 31st March 1998 will be forwarded to each Bar Association. County Registrar. District Court Clerk and Taxing Master.

A solicitor admitted during the practice year commencing 1st January 1998, if applying for his/her first Practising Certificate during that practice year, may calculate the Registration Fee and the Compensation Fund Contribution payable by him/her on the basis of the number of full calendar months remaining in that practice year following the month of his/her admission.

The Society's Membership Subscription and the Solicitors' Benevolent Association Contribution are each optional. It should be noted, however, that membership of the Society is a prerequisite to obtaining Professional Indemnity cover through the Solicitors' Mutual Defence Fund.

The following concessionary rates apply to the Society's Membership Subscription:

( a ) A solicitor admitted for 40 years or more as at 1 st January 1998 - £25.00

( b ) A solicitor for the year (or part thereof) of his/her admission -£1.00.

7.

A Lawyer's International Professional Identity Card is available to a member of the Society who holds a current Practising Certificate, on receipt by the Registrar of Solicitors of a completed form of application (obtainable on request from the Society, together with a fee of £10.00.

EXPLANATORY NOTE

This Order introduces a new management regime for the hake fishery with effect from the 1st day of June, 1996

From that date, Irish sea-fishing boats equal to or greater than 55 feet in length and fishing by means of longlines of Scottish fly seines, or a person on board such boat, may not have on board or land more than 12 tonnes of hake during the period from the 1st day of June 1996 and the 31st day of July, 1996. All other Irish sea-fishing boats fishing for hake by any other method regardless of length, or a person on board such boat, may not have on land more than 10 tonnes of hake during the period of hake during the period of the 1st day of June, 1996 and the 31st day of July, 1996.

It is prohibited to tranship or to engage in transhipment operations of hake.

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