S.I. No. 60/1955 - Solicitors' Act, 1954 (Practising Certificates and Restrictions on Solicitors) Regulations, 1955.

S.I. No. 60 of 1955.

SOLICITORS' ACT, 1954 (PRACTISING CERTIFICATES AND RESTRICTIONS ON SOLICITORS) REGULATIONS, 1955.

The Incorporated Law Society of Ireland in exercise of the powers conferred on them by sections 4, 5, and 40 of the Solicitors' Act, 1954, and of every other power thereunto them enabling hereby make the following regulations :—

1. These regulations may be cited as The Solicitors' Act, 1954, (Practising Certificates and Restrictions on Solicitors) Regulations, 1955.

2. These regulations shall come into operation on the 31st day of March, 1955.

3. In these regulations the expression " the Act " means the Solicitors' Act, 1954. Other expressions have the meanings assigned to them in the Act.

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

5. A solicitor applying for a practising certificate in a case to which section 49 of the Act applies shall lodge with the Registrar three weeks' notice of the application in the form PC 1 in the schedule hereto. The declaration mentioned in section 47(1) of the Act may be lodged with the said notice. The Registrar may on special grounds if he shall think fit accept less than three weeks' notice of the application.

6. A notice to a solicitor under section 49(1) (f) or (g) shall be in the forms PC 2 or PC 3 in the schedule hereto. A notice to a solicitor under section 49 (2) (c) shall be in the form PC 4 in the said schedule.

7. An application by a solicitor to the Society under section 51 (1) of the Act shall be made by lodging with the Registrar a notice in the form PC 5 in the schedule hereto, together with any documents relied on in support of the application. A copy of the order of the Society on the said application shall be sent to the applicant by the Registrar.

8. A notice to a solicitor under section 31(1) of the Act shall be in form PC 6 in the schedule hereto.

9. Before an order under section 31(3) of the Act is made by the Society a notice in form PC 7 in the schedule hereto shall be sent to the solicitor and the apprentice stating that the Society propose to make such order and that any written submissions received by the Society within 14 days from the date of the notice, or such stated period as may be allowed by the Society, will be considered. After considering any written submissions received from the solicitor, the apprentice or any other person in answer to said notice and after interviewing such persons, if any, as the Society may think necessary the Society may make the order.

10. Where a solicitor proposes to take an apprentice the Society may by notice require him to attend before a Committee of the Council for the purpose of giving such information as maybe required touching his fitness and capacity to teach such apprentice. If the Committee are not satisfied with any answers or explanations given by such solicitor either as to his professional knowledge or experience or conduct or as to the facilities in his office for teaching and training such apprentice the Society may by order refuse his application to take such apprentice and a copy of the order shall be sent to the solicitor by the Registrar.

11. The Registrar may require further evidence or information relating to any application under these regulations and may require the evidence to be verified by affidavit or otherwise.

SCHEDULE OF FORMS

SOLICITORS' ACT, 1954.

FORM PC 1. Notice under section 49(2) of intention to apply for a practising certificate.

TAKE NOTICE that section 49(2) of the above mentioned Act applies to me in the following respects (here state the provisions of section 49(1) which apply and the circumstances and any other explanatory information),

and that I intend to apply for a practising certificate for the year ending 5th January, 19 .

Dated...................................................

Signed..................................................

Address..................................................

TO :

The Registrar of Solicitors.

NOTE : The declaration to obtain a practising certificate mentioned in section 47 of the Act may be lodged with this notice.

SOLICITORS' ACT, 1954.

FORM PC 2. Notice from the Society to a solicitor under section 49(1) (f).

Notice is hereby given pursuant to section 49(1) (f) of the Solicitors' Act, 1954, that having been invited by the Society to satisfy them that you exercise adequate personal supervision over the following offices or places of business you have failed to satisfy the Society as aforesaid and that pursuant to section 49(2) of the said Act, you are required to give to the Registrar of Solicitors at least three weeks before applying for your next practising certificate notice of your intention to make such application and that the Society may direct the Registrar either (i) to refuse to issue a certificate, or (ii) to issue a certificate unconditionally, or (iii) to issue a certificate subject to such terms and conditions as the Society shall think fit. Your attention is directed to the provisions of sections 3, 49, 54, 55, and 57 of the said Act.

(here specify addresses)

Dated this day of    19 .

Signed...............................................

Registrar of Solicitors.

TO :

SOLICITORS' ACT, 1954.

FORM PC 3. Notice by the Society to a solicitor under section 49(1) (g) of the Act.

Notice is hereby given pursuant to section 49(1) (g) of the Solicitors' Act 1954, that having been invited by the Society to give an explanation in respect of the following matter affecting your conduct

you have failed to give to the Society an explanation in respect of that matter which the Society regard as sufficient and satisfactory and that pursuant to the provisions of section 49(2) of the said Act you shall on applying for your next practising certificate give to the Registrar of Solicitors at least three weeks before the application is made notice of your intention to make the application and that the Society may direct the Registrar either (i) to refuse to issue a certificate, or (ii) to issue a certificate unconditionally, or (iii) to issue a certificate subject to such terms and conditions as the Society shall think fit. Your attention is directed to the provisions of section, 3, 49, 54, 55, and 57 of the said Act.

Dated this day of 19 .

Signed............................................................ .....

Registrar of Solicitors.

TO :

SOLICITORS' ACT, 1954.

FORM PC 4. Notice to a solicitor by the Registrar of a direction refusing to issue a certificate unconditionally under section 49(2) (c).

TAKE NOTICE that the Society pursuant to section 49(2) (c) of the above Act have directed the Registrar to refuse to issue a practising certificate for the practice year 19 /  or to issue such certificate subject to the following terms and conditions (here set out terms and conditions)

and that the grounds for such direction are as follows :

Your attention is directed to the provisions of sections 3, 49, 54, 55, and 57 of the said Act.

Dated this  day of   19 .

Signed.....................................................

Registrar of Solicitors.

TO :

SOLICITORS' ACT, 1954.

FORM PC 5. Application by a solicitor for the termination of the suspension of a practising certificate under section 51(1).

I,           of               hereby apply to the Society for an order terminating the suspension of my practising certificate in the following circumstances :

1. By order dated made in the matter entitled by the Court of Justice I was adjudicated a bankrupt.

2. (Here state the amount of the bankrupt's assets and liabilities, the position of the bankruptcy proceedings, the amount of debts proved and any dividends paid and whether any sums are due to clients in respect of monies held on their behalf).

3. My last practising certificate was dated and was issued in respect of the practice year ending 5th January 19 .

I apply to the Society to terminate the suspension of my practising certificate on the following grounds). (Here state any special grounds in support of the application.)

Dated................................................

Signed...............................................

Address................................................

TO :

The Registrar of Solicitors.

SOLICITORS' ACT, 1954.

FORM PC 6. Notice to a solicitor prohibiting him from taking an apprentice under section 31.

TAKE NOTICE that the Society having directed or having power to direct the Registrar to refuse your application for a practising certificate hereby prohibit you from taking any apprentice in accordance with the provisions of section 31 of the Act, until this prohibition is withdrawn.

Dated this day of 19 .

Signed.....................................................

Registrar of Solicitors.

TO :

SOLICITORS' ACT, 1954.

FORM PC 7. Notice to a solicitor and an apprentice of intention to make an Order under section 31(3).

TAKE NOTICE that having prohibited A.B., solicitor of       from taking an apprentice under section 31(1) of the above mentioned Act the Society propose to make an order under section 31(3) of the Act discharging the indentures of apprenticeship dated      between the said A.B. and C.D. upon such terms (including terms as to return of premium) as the Society may think fit, and that the Society may determine what period (if any) of service by the said C.D. under the said indentures shall be deemed good service. The Society will consider any written submissions filed by the said A.B. or C.D. or any other person within 14 days from the date hereof, and you are requested to state :—

(i) the amount of any premium paid by or on behalf of C.D. to A.B ;

(ii) the period of actual service by C.D. under the said indentures of apprenticeship ;

(iii) whether in your submission :—

(a) any apprenticeship premium paid should be returned by A.B. to C.D. in whole or in part and your reasons for this submission ;

(b) any period of service by C.D. under the said indentures should be deemed good.

The Society will consider any further written observations which the parties may submit within the said period.

Dated............................................................ ..

Signed............................................................ 

REGISTRAR.

To :

A.B.

To :

C.D.

Signed on behalf of the Incorporated Law Society of Ireland this 31st day of March, 1955.

THOMAS A. O'REILLY,

President of the Incorporated

Law Society of Ireland.