S.I. No. 717/2005 - The Solicitors Acts, 1954 to 2002 Solicitors (Practising Certificate 2006) Regulations, 2005

STATUTORY INSTRUMENT

S.I. No.717 of 2005

The Solicitors Acts, 1954 to 2002 Solicitors (Practising Certificate 2006) Regulations, 2005

THE SOLICITORS ACTS, 1954 TO 2002 SOLICITORS (PRACTISING CERTIFICATE 2006) REGULATIONS, 2005

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 ), Section 82 of the Solicitors Act, 1954 and Section 22 (as substituted by Section 30 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors (Amendment) Act, 1960 HEREBY MAKE the following Regulations:

Citation and commencement

1. (a) These Regulations may be cited as The Solicitors Acts, 1954 to 2002 Solicitors (Practising Certificate 2006) Regulations, 2005.

(b) These Regulations shall come into operation on the 1^st day of January 2006.

Definitions

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

“applicant solicitor” means the solicitor the subject matter of an application;

“application” means an application delivered to the Registrar by an applicant solicitor for a practising certificate for the practice year, pursuant to Regulation 3 of these Regulations;

“Compensation Fund” means the fund maintained by the Society pursuant to sections 21 and 22 (as substituted, respectively, by sections 29 and 30 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors (Amendment) Act, 1960 ;

“Regulation of Practice 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 of the Society;

“practice year” means the calendar year ending on the 31^st day of December 2006;

“practising certificate” means the certificate issued by the Registrar certifying that the solicitor named therein is entitled to practise as a solicitor during the practice year as and from the date of the certificate;

“Registrar” means the registrar of solicitors for the time being appointed pursuant to Section 8 of the Solicitors Act, 1954 ;

“Registration Fee” means the fee payable by a solicitor admitted to the Roll of Solicitors for three years or more on the 1^st day of January 2006 or the fee payable by a solicitor admitted to the Roll for less than three years on the 1^st day of January 2006;

“Roll” means the roll of solicitors maintained by the Registrar under Section 9 (as substituted by Section 65 of the Solicitors (Amendment) Act, 1994 ) of the Solicitor Acts, 1954;

“Society” means the Law Society of Ireland.

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

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

Application for practising certificate

3. (a) An applicant solicitor shall deliver or cause to be delivered to the Registrar at the Society's premises at Blackhall Place, Dublin 7 before the 1^st day of February 2006 an application which:

(i) shall be in the form as set out in the First Schedule to these Regulations; and

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

(b) The Registrar shall, on receipt of an application pursuant to clause (a) of this Regulation and on the Registrar being of opinion that there is or are no appropriate and reasonable ground or grounds for not doing so, cause to be issued to the applicant solicitor concerned a practising certificate which shall be dated either -

(i) the 1^st day of January 2006, where issued during the period beginning on the 1^st day of January 2006 and ending on the 1^st day of February 2006, or

(ii) the date on which it is issued, where issued after the 1^st day of February 2006.

Where confirmation required of content of an application

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

(b) Where, on receipt by the Society of a confirmation in writing from an applicant solicitor required by the Registrar pursuant to clause (a) of this Regulation, the Registrar deems it appropriate and reasonable so to do, the Registrar may require the applicant solicitor to attend before a meeting of the Regulation of Practice Committee to further confirm the accuracy of all or any specified part or parts of his or her application.

Misconduct of knowlingly furnishing false and misleading information

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.

Registration Fee and contribtion to Compensation Fund

6. As and from the coming into operation of these Regulations, the Registration Fee together with the contribution to the Compensation Fund as specified in the Second Schedule to these Regulations shall be paid to the Society by an applicant solicitor on delivery to the Registrar of his or her application.

Fee for copy of entry on File A or File B

7. The fee payable to the Society by a person who applies to the Registrar, pursuant to Section 17 of the Solicitors (Amendment) Act, 1960 , for a copy of an entry on File A or File B shall be as specified in the Second Schedule to these Regulations.

Date this 15^th day of November 2005

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

/images/en.si.2005.0717.0001.jpg

_____________________________

MICHAEL G. IRVINE

President of the Law Society of Ireland

FIRST SCHEDULE

within referred to

FORM OF APPLICATION FOR A PRACTISING CERTIFICATE FOR THE PRACTICE YEAR ENDING 31^ST DECEMBER 2006

THE LAW SOCIETY OF IRELAND

Blackhall Place, Dublin 7.

APPLICATION FOR A PRACTISING CERTIFICATE 2006^*

(for the practice year ending 31st December 2006)

NAME: ________________________________________________

NAME OF FIRM/ORGANISATION: __________________________________

PRINCIPAL PRACTICE/ORGANISATION ADDRESS:

___________________________________________________

____________________________________________________

To: Registrar of Solicitors, Law Society of Ireland, Blackhall Place, Dublin 7.

Section A - General

(1) I was admitted as a solicitor in ______________________________ Sittings 19___/200___.

(2) 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 ^* . ❑

(3) (a) I am also admitted as a solicitor in the following other jurisdiction(s):

____________________________________________________________________

(b) 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) ❑

Partner in a solicitor's practice ❑

Consultant solicitor in a solicitor's practice ❑

Solicitor employed in a solicitor's practice ❑

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] __________ ❑

[Note: If your professional status has changed during the practice year 2005 please provide the date of such change ____________________ 2005]

(5) Particulars of practice:

(a) Name of managing partner / solicitor-in-charge of practice: _____________________

(b) Name of practice: ___________________________________________________

__________________________________________________________________

(6) Questions of the Registrar of Solicitors to be answered by each applicant for a practising certificate, pursuant to the Solicitors Acts, 1954 to 2002.

[A solicitor applying for his/her first practising certificate and a solicitor to whom Section A(2) of this application applies should answer each of the questions].

(a)	Has the last Practising Certificate issued to you been suspended or 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 2002 or with any order or regulation made thereunder, including the Solicitors Accounts Regulations, 2001/2005?	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 your 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 been adjudicated bankrupt?	Yes ❑	No ❑
(g)	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 ❑
(h)	Since the last Practising Certificate issued to you, have you failed to comply with any order(s) of the High Court or any other court(s)?	Yes ❑	No ❑
(i)	Since the last Practising Certificate issued to you, have you failed to comply with any determination, requirement or direction of the Society under Section 8, 9, 10, or 10A (as inserted by Section 13 of the Solicitors (Amendment) Act, 2002 ) of the Solicitors (Amendment) Act, 1994 ?	Yes ❑	No ❑
(j)	Since the last Practising Certificate issued to you, have you been sentenced to a term of imprisonment?	Yes ❑	No ❑
(k)	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 ❑
(l)	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 ❑
(m)	Has (Have) 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 persons] 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 judgement(s) or decree(s)? [If applicable, details should be submitted with this application of any such judgement(s) or decree(s), including evidence of the satisfaction thereof.]	Yes ❑	No ❑
(n)	Is this application by you for a Practising Certificate following upon the expiration of a period of suspension from practice?	Yes ❑	No ❑
(o)	Is this application by you for a Practising Certificate following upon any order by the High Court restoring your name to the Roll of Solicitors?	Yes ❑	No ❑

(7) [To be completed by a solicitor who did not hold a Practising Certificate for the practice year 2005 other than a solicitor who is making his/her first application for a Practising Certificate immediately following upon his/her admission as a solicitor. If not applicable, please delete.]

I did not hold a Practising Certificate since the practice year ended 31st December __________ for the following reason(s): ________________________________________________________________

________________________________________________________________________________

Section B - Solicitors' Accounts Regulations, 2001/2005

[Part I of this Section (immediately below) 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 ticked by a solicitor to whom Part I of this Section does not apply. If Part I applies please delete Part II.]

Part I:

(a) The last reporting accountant's report furnished to the Society was for the accounting period ending on the __________ day of ____________________200___.

(b) The name and address of my reporting accountant(s) is (are): _________________________________

___________________________________________________________________________________

(d) [If a reporting accountant's report has never been furnished to the Society] Date of commencement in practice:________________________________200___.

[Note: A reporting accountant's report must be furnished to the Society not later than six months after the end of your annual accounting period.]

[The declaration set out in Part II of this Section (immediately below) should be ticked by an employed solicitor in private practice, or by a solicitor employed by a non-solicitor, who has not handled clients' moneys during the practice year 2005 except on behalf of his/her employer. If Part II applies, please delete Part I.]

Part II:

I declare that I have not handled clients' moneys at any time during the practice year 2005, other than on behalf of my employer.

Part II of Section B applies to me and I so declare.____________________ Yes ❑

[Please tick [✓] if appropriate]

Section C - Professional Indemnity Insurance

[This Section must be completed to comply with The Solicitors Acts, 1954 to 1994 (Professional Indemnity Insurance) Regulations, 1995 to 2005. Part I of this Section must be completed by a solicitor other than a solicitor to whom Part II of this Section applies. If Part I applies, please delete Part II.]

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 as set out in (c) above confirmation from a qualified insurer ^*** of there being in force relating to me the minimum level of cover (€2,500,000 each and every claim) for the practice year 2006.

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. If Part II applies, please delete Part I.]

I declare that I am a solicitor employed full-time within the State to provide legal services ^**** (or conveyancing services ^**** only) to and for my employer who is not a solicitor AND I further declare 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.

Part II of Section C applies to me and I so certify. ____________________ Yes ❑

[Please tick [✓] if appropriate]

[Note: Section D, Part I or Part II, applies to all applicants for a Practising Certificate]

Section D - Investment Business Services or Investment Advice

[This section must be completed to comply with The Solicitors Acts, 1954 to 1994 (Investment Business and Investor Compensation) Regulations, 1998 ( S.I. No. 439 of 1998 as amended by S.I. No. 504 of 2001 ). Part 1 of this section must be completed by a solicitor other than a solicitor to whom Part II of this section applies. Part II applies to a solicitor who is an investment business firm or who is an insurance intermediary in one or more of the circumstances set forth in Section 47(1)(a) or (b) of the Investor Compensation Act, 1998 (see below ^***** )]

Part I

I hereby UNDERTAKE that:

(a) I will only provide investment business services (including acting as an insurance intermediary) or investment advice to clients incidental to the provision of legal services to such clients;

(b) I will not hold myself out as being an investment business firm or an insurance intermediary;

(c) in providing investment business services or investment advice to clients incidental to the provision of legal services to such clients and when acting as an investment product intermediary, I will not hold an appointment in writing other than from:

(i) an investment firm authorised in accordance with Directive 93/22/EEC of 10th May 1993 by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the Stock Exchange Act, 1995, or

(ii) a credit institution authorised in accordance with Directives 77/780/EEC of 12th December 1977 and 89/646/EEC of 15th December 1989, or

(iii) a manager of a collective investment undertaking authorised to market units in collective investments to the public,

which is situate in the State or the relevant branch of which is situate in the State; and

(d) if at any time during the course of the practice year ending on 31st December 2006 I propose to become an investment business firm or an investment firm in one or more of the circumstances set forth in Section 47(i)(a) or (b) of the Investor Compensation Act 1998 ^***** , I will notify the Society in writing of that fact at least seven days before such proposed event and shall, within fourteen days of such notification, comply with the provisions of Regulation 6 of The Solicitors Acts 1954 to 1994 (Investment Business and Investor Compensation) Regulations, 1998 ( S.I. No. 439 of 1998 as amended by S.I. No. 504 of 2001 ).

Part 1 of Section D applies to me and I so undertake.
[Please tick [✓] if appropriate]	Yes	❑

(see next page)

Part II

1. I am a solicitor WHO-

(a) provides investment business services (including acting as an insurance intermediary) or investment advice in a manner which is not incidental to the provision of legal services, or

(b) holds himself/herself out as being an investment business firm, or

(c) when acting as an investment product intermediary in a manner incidental to the provision of legal services, holds an appointment in writing other than from-

(i) an investment firm authorised in accordance with the Investment Services Directive by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the Stock Exchange Act, 1995 , or

(ii) a credit institution authorised in accordance with Directives 77/780/EEC of 12th December 1977 and 89/646/EEC of 15th December 1989, or

(iii) a manager of a collective investment undertaking authorised to market units in collective investments to the public,

which is situate in the State or the relevant branch of which is situate in the State,

AND am therefore an investment business firm required to be authorised as an authorised investment business firm pursuant to the provisions of the Investment Intermediaries Act, 1995 (as amended by the Investor Compensation Act 1998 ), OR am an insurance intermediary and/or have held myself out as an insurance intermediary who is required to inform the Irish Financial Services Regulatory Authority and The Investor Compensation Company Limited of that fact.

2. I attach herewith evidence in writing:

(a) either-

(i) of having been authorised by the Irish Financial Services Regulatory Authority as an authorised investment business firm;

(ii) of having informed the Irish Financial Services Regulatory Authority and The Investor Compensation Company Limited that I am an insurance intermediary and/or that I have held myself out as an insurance intermediary;

(b) of the fact of the payment by me (or on my behalf) of such contribution to the fund established and maintained pursuant to section 19 of the Investor Compensation Act, 1998 as may be required by The Investor Compensation Company Limited under section 21 of that Act;

(c) of having in place, valid and irrevocable for at least the duration of the practice year ending on 31st December 2006, a bond or bank guarantee and a policy of insurance, each acceptable to the Society, by way of providing indemnity against losses that may be suffered by a client in respect of default (whether arising from dishonesty or from breach of contract, negligence or other civil wrong) on my part, or any employee, agent or independent contractor engaged by me, as shall, in the opinion of the Society (taking into account the maximum amount of compensation for default that would be payable to a client secured by reason of the payment made by me referred to in (b) above), be equivalent to the indemnity against losses that would be provided to a client of a solicitor (in respect of whom a practising certificate is in force) in the provision of legal services by means of -

(i) the Compensation Fund as provided for in accordance with section 21 (as substituted by section 29 of the Solicitors (Amendment Act, 1994) of the Solicitors (Amendment) Act 1960 ,

and

(ii) the minimum level of cover as provided for in accordance with The Solicitors Acts, 1954 to 1994 (Professional Indemnity Insurance) Regulations 1995 to 2005 made by the Society under section 26 of the Solicitors (Amendment) Act 1994 .

Part II of Section D applies to me and I enclose evidence in writing, as requested.

[Please tick [✓] if appropriate]

Yes

❑

SECTION E - CONTINUING PROFESSIONAL DEVELOPMENT (CPD)^******

I have completed the 20 hours of CPD requirement as provided for pursuant to the Solicitors (Continuing Professional

Development) Regulations 2003, S.I. No. 37 of 2003 :	Yes ❑	No ❑
[If No] — I claim exemption of __________ hours by reason of:		❑ Maternity Leave
[Please tick [✓] if appropriate]		❑ Long Term Illness
		❑ Retirement
		❑ No practising certificate being held by me during all or part of the CPD cycle [i.e. 1st July 2003 to 31st December 2005] between ____________________ 200____ and ______________________________200____.

SECTION F - DATA PROTECTION STATEMENT

It is necessary for the Society to collect and record certain personal data relating to each solicitor, including the name practice address, e-mail address (if applicable) and academic qualifications, as published annually by the Society in the Law Directory. Such personal data may also be information concerning a solicitor arising from the carrying out by the Society of its regulatory functions under the Solicitors Acts, 1954 to 2002 and regulations made thereunder, including sensitive personal data such as health records or information relating to the commission or alleged commission of a criminal offence. This may include the provision of data to qualified professional indemnity insurers.

The personal data about a solicitor as set out in the annual Law Directory may be used by the Society for administration management, marketing and professional development purposes, as well as in pursuance of the Society's regulatory functions. Apart from its publication in the annual Law Directory, other examples of the actual or possible uses of such personal data relating to a solicitor are the following:

■ the circulation of the Society's Gazette to a solicitor member of the Society, which may include or be accompanied by commercially-related material;

■ the reference to a solicitor in the Register of Practising Solicitors or in the records of professional indemnity insurance cover maintained by the Society;

■ the reference to a solicitor on the Society's website;

■ the provision by the Society to candidates for the Society's annual elections of the practice address and/or e-mail address of a solicitor as part of a mailing list or a set of address labels;

■ the furnishing of information relating to the good standing of a solicitor, when requested, to Irish governmental agencies (e.g. Judicial Appointments Advisory Board) or to foreign governmental agencies (including governmental agencies outside the European Union) or to commercial entities or to individual members of the public, including information recorded in the Register of Practising Solicitors or in the records of professional indemnity insurance cover maintained by the Society;

■ the provision by the Society to a specific commercial entity of the practice address and/or e-mail address pursuant to an expressly recorded decision of the Society that it is beneficial to do so for defined marketing or professional development purposes;

■ the provision by the Society of the practice address and/or e-mail address of a solicitor to third party non-commercial entities, e.g. Bar Associations, which provide useful information to the profession.

NOTE:

(i) If you do not wish to be informed of commercial products or services by post or e-mail directly by third party commercial entities please tick [❑] the box immediately below:

I do not wish to be informed of commercial products or services by post or e-mail directly from third party commercial entities ❑

(ii) You have the right to request in writing a copy of any personal data about yourself that is held on database by the Society and have amended any personal data that is incorrect, incomplete or misleading.

I hereby declare that the particulars set out in Sections A, B,C and E of this application are correct to the best of my knowledge, information and belief.

Further, I acknowledge -

(A)(i) my undertaking to the Society as set out in Part I of Section D;

(ii) that I am an authorised investment business firm and/or that I hold myself out as an insurance intermediary and that the evidence in writing furnished by me (or on my behalf) to the Society as requested in Part II of Section D is true and accurate to the best of my knowledge, information and belief;

AND

(B) that I have read the Data Protection Statement set out in Section F.

[Please delete (A)(i) or (ii), as appropriate.]

Dated this ______________ day of ___________________________ 2005/2006.

Name (block letters): ________________________________________________

Signature: _________________________________________________________

Membership of the Society

I hereby apply for membership of the Society for the practice year ending 31st December 2006.

Signature: ________________________

	Enclosed remittance [see amounts set out on page 8.]
	[Please tick [✓] as appropriate]
	Registration Fee	❑
	Compensation Fund Contribution	❑
	Membership Subscription	❑
	Solicitors' Benevolent Association Contribution	❑
	Free Legal Advice Centres Contribution	❑
		______
	Total of enclosed remittance	€

[Note: This application must be duly completed and dated and personally signed by the applicant. If details are omitted from the application, it could be returned to the applicant for due completion and re-submission to the Registrar of Solicitors, which could result in a delay in the issuing of a practising certificate to the applicant.]

PRACTICE YEAR ENDING 31^ST DECEMBER 2006

Registration Fee, Compensation Fund Contribution, Membership Subscription, Solicitors' Benevolent Association Contribution and Free Legal Advice Centres Contribution

	Solicitors admitted 3 years or more on 1st January 2006	Solicitors admitted less than 3 years on 1st January 2006
	€	€
Registration Fee (including €127 for Education Centre)	1359	1085
Compensation Fund Contribution [See notes 3 & 4, below]	400	400
	1759	1485
Membership Subscription [See notes 4 & 6, below]	85	55
	1844	1540
Solicitors' Benevolent Association Contribution	40	25
Free Legal Advice Centres Contribution [See note 6, below]	15	15
Total	€1899	€1580

NOTES

1. This application must be duly completed by a solicitor engaged (or intending to engage) during the practice year ending 31st December 2006 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 full-time service of the State [within the meaning of section 54 of the Solicitors Act, 1954 , as substituted by section 62 of the Solicitors (Amendment) Act, 1994 ] or by reason of being a solicitor employed full-time in the State to provide conveyancing services only to and for his/her non-solicitor employer [section 56, Solicitors (Amendment) Act, 1994].

2. The practice year coincides with the calendar year. This application must be received by the Registrar at the Society's premises, Blackhall Place Dublin 7 on or before Wednesday, 1^st February 2006 in order for the practising certificate to be dated 1st January 2006 and thereby to operate as a qualification to practise from the commencement of the practice year 2006. A Practising Certificate issued after the 1st February 2006 must [under Section 48 (as amended by Section 55 of the Solicitors (Amendment) Act, 1994 ), of the Solicitors Act, 1954 ] bear the date on which the application is actually received by the Registrar. In April 2006, a listing of solicitors holding Practising Certificates as at 31st March 2006 will be forwarded to each County Registrar, District Court Clerk, Taxing Master and Bar Association.

3. The Registration Fee and the Compensation Fund Contribution are required to be paid by each applicant for a Practising Certificate.

4. A solicitor admitted during the practice year commencing 1st January 2006 and, if applying for his/her first Practising Certificate during that practice year 2006, 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; and the solicitor's membership subscription in respect of the year (or part thereof) of his/her admission shall be at the reduced rate of €20.

5. The first cycle of Continuous Practice Development(CPD) commenced on 1^st July 2003 and ended on 31^st December 2005, during which a practising solicitor is required to have completed at least 20 hours of CPD in accordance with the CPD Scheme, as provided for in S.I. No. 37 of 2003 . Completion of Section E of this application is the initial means of verifying compliance with the CPD Scheme. Each applicant for a Practising Certificate for either the practice year ending 31^st December 2006 or 31^st December 2007 is subject to the requirements of the CPD Scheme referable to the first cycle, with a limited number of exceptions. An applicant who did not hold a Practising Certificate in respect of each of the practice years ending 31^st December 2004 and 31^st December 2005 or an applicant who was not admitted to the Roll of Solicitors prior to the commencement of the first cycle (1^st July 2003) is not subject to the CPD Scheme. Also, an applicant who had periods out of practice during the first cycle due, to being on maternity leave or because of certified long term illness or due to not holding a practising certificate, would be entitled to a proportionate reduction on the 20 hours of CPD requirement. For further information, please refer to the CPD section on the Society's website [www.lawsociety.ie] or contact the Society's CPD unit [attention: Alison Egan:- tel (01) 6724802]. An applicant should not return his/her CPD record card with this application. However, the Society may subsequently request sight of an applicant's record card and/or further proof of CPD attendances during the first cycle as part of the Society's CPD audit review process.

6. Payment of the Membership Subscription and/or the Solicitors' Benevolent Association Contribution and/or the Free Legal Advice Centres Contribution is/are not a condition(s) precedent to the issue of a Practising Certificate. However, unless a solicitor pays the annual membership subscription, he/she cannot enjoy the benefits of being a member of the Society as provided for in the Society's Bye-Laws, including the right to vote in annual and provincial elections and the right to receive the Society's Gazette.

SECOND SCHEDULE

within referred to

		EURO
(a)	Registration Fee for the practice year ending on the 31^st day of December 2006 payable to the Society on application for a practising certificate by an applicant solicitor who has been admitted to the Roll for three years or more on the 1^st day of January 2006:	€1,359
(b)	Registration Fee for the practice year ending on the 31^st day of December 2006 payable to the Society on application for a practising certificate by an applicant solicitor who has been admitted to the Roll for less than three years on the 1^st day of January 2006:	€1,085
(c)	Contribution to the Compensation Fund for the practice year ending on the 31^st day of December 2006 payable to the Society on application for a practising certificate by an applicant solicitor:	€400
(d)	Fee payable to the Society on each application, pursuant to Section 17 of the Solicitors (Amendment) Act, 1960 , for a copy of an entry on File A or File B:	€6

[*See notes on page 8]

[^** Within the meaning of S.I. No. 719 of 2005]

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

[^**** Within the meaning of the Solicitors Acts, 1954 to 2002]

^***** Text of Investor Compensation Act, 1998, Section 47(1)(a) and (b)

“(a) A solicitor in respect of whom a practising certificate (within the meaning of the Solicitors Acts, 1954 to [2002]) is in force shall be an investment business firm —

(i) where the solicitor provides investment business services or investment advice in a manner which is not incidental to the provision of legal services, or

(ii) where the solicitor holds himself or herself out as being an investment business firm, or

(iii) where, when acting as an investment product intermediary in a manner incidental to the provision of legal services, the solicitor holds an appointment in writing other than from-

(I) an investment firm authorised in accordance with the Investment Services Directive by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the Stock Exchange Act, 1995, or

(II) a credit institution authorised in accordance with Directives 77/780/EEC of 12 December, 1977, and 89/646/EEC of 15 December, 1989, or

(III) a manager of a collective investment undertaking authorised to market units in collective investments to the public,

which is situate in the State or the relevant branch of which is situate in the State,

and shall be required to be authorised as an authorised investment business firm pursuant to the provisions of the [Investment Intermediaries Act,] 1995.

(b) A solicitor, in respect of whom a practising certificate (within the meaning of the Solicitors Acts, 1954 to [2002]) is in force, who is an insurance intermediary or who holds himself [or herself] out to be an insurance intermediary shall be an investment firm for the purposes of this Act and shall inform the [Irish Financial Services Regulatory Authority] and [The Investor Compensation Company Limited] that he or she is an investment firm for the purposes of this Act.”