CHAPTER
47
COUNCIL OF LEGAL EDUCATION |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Certain provisions of the Agreement given force
of law in The Bahamas. |
Minister may amend Schedule. |
Exemption from income tax and stamp duty. |
SCHEDULE - Agreement Establishing the Council of Legal
Education. |
CHAPTER 47 |
COUNCIL OF LEGAL
EDUCATION |
An Act to
give effect to the Council of Legal Education Agreement. | 12 of 2000 |
[Assent 13th March,
2000]
[Commencement 14th March, 2000] |
1. This Act may be cited as the Council of Legal
Education Act, 2000. | Short title. |
2. In this Act- | Interpretation. |
"the
Agreement" means the Agreement for the establishment of a Council of Legal
Education for the Caribbean region the original of which Agreement is deposited
with the Secretary-General of the Commonwealth Caribbean Regional Secretariat
and of which the text of the Articles is set out in the
Schedule to thisAct; |
"Minister"
means the Minister for the time being charged with responsibility for legal
education. |
3. (1) Subject to subsection 2 the provisions of clause
2 (legal status) of Article 1, Articles 5 and 6 and clause 6 (exemptions from
taxation) of Article 9 of the Agreement shall have the force of law in The
Bahamas. | Certain provisions of the Agreement given force of law
in The Bahamas. |
(2) Nothing
contained in subsection (1) shall derogate from the provisions of the Legal
Profession Act, 1992 relating to the qualification for admission to practise as
a counsel and attorney in The Bahamas, which provisions shall remain in effect
until such time as the Governor-General shall appoint by notice in the Gazette. |
4. (1) Where any amendment of the Agreement is accepted
by the Government, the Minister may by order amend the Schedule to this Act for
the purpose of including therein the amendment so accepted. | Minister may amend Schedule. |
(2) Any order made
under this section may contain such consequential, supplemental or ancillary
provisions as appear to the Minister to be necessary or expedient for the
purpose of giving effect to the said amendment and, without prejudice to the
generality of the foregoing, may contain provisions amending references in this
Act to specific provisions of the Agreement. |
(3) Where the
Schedule to this Act is amended pursuant to this section, any reference in this
Act or in any other enactment or any instrument having effect under any such
enactment to the Agreement shall, unless the context otherwise requires, be
construed as a reference to the Agreement as so amended. |
5. (1) The Council of Legal Education shall be exempt
from direct taxation upon or against its earnings. | Exemption from income tax and stamp duty. |
(2)
Notwithstanding anything to the contrary contained in any enactment, any deed,
agreement, instrument, insurance policy, writing or receipt relating to any
loan made to or by the Council under this Act shall be exempt from stamp duty
and recording and registration fees. |
(3) There shall be
exempt from taxation under the Stamp Act any transfer by the Council of
property belonging to it or ofany right or interest created in, over or otherwise with
respect to any such property. |
(4) The Council of
Legal Education shall be exempt from the payment of all custom duties on goods
imported for its official use into The Bahamas. |
SCHEDULE (Sections 2 and 4) |
AGREEMENT
ESTABLISHING THE COUNCIL OF LEGAL EDUCATION |
THE
CONTRACTING PARTIES: |
SHARING a
common determination to establish without delay a scheme for legal education
and training that is suited to the needs of the Caribbean; |
AWARE that
the objectives of such a scheme of education and training should be to provide
teaching in legal skills and techniques as well as to pay due regard to the
impact of law as an instrument of orderly social economic change; |
CONVINCED that
such a scheme of education and training can best be achieved by- |
Firstly, a
University course of academic training in a Faculty of Law designed to give not
only a background of general legal principles and techniques but an
appreciation of relevant social science subjects including Caribbean history
and contemporary Caribbean affairs; |
Secondly, a period
of further institutional training directed towards the study of legal subjects,
having a practical content and emphasis, and the acquisition of the skills and
techniques required for the practice of law; |
RECOGNISING
the need to vest responsibility for providing the institutional training in a
Regional Council of Legal Education which should be established in advance of
students being admitted to the Faculty of Law so as to give assurance that the
whole scheme for legal education will be implemented in its entirety; |
HEREBY AGREE AS
FOLLOWS: |
ARTICLE 1
Constitution |
There shall be a
Council of Legal Education (hereinafter called "the Council") with
the following membership, status, functions and powers: |
1. Membership. |
(a) The Council
shall consist of: |
(i) The
Dean of the Faculty of Law of the University of the West Indies and another
member of the faculty nominated by him; |
(ii) The
Principals of the Law Schools; |
(iii) The
Head of the Judiciary of each participating territory; |
(iv) The
Attorney-General of each participating territory; |
(v) From
each of the four participating territories in which there are now two branches
of the legal profession, namely Jamaica, Barbados, Trinidad and Tobago and
Guyana, a Barrister and a Solicitor nominated by their appropriate professional
bodies, or in the event of the two branches of the profession at any time
becoming fused in any such territory two members of the fused profession
nominated by their appropriate professional body; |
(vi) From
each of the other participating territories one member of the profession
nominated by the appropriate professional body. |
(b) Each member
of the Council appointed under paragraphs (v) and (vi) of clause (a) above
shall hold office for three years from the date of his appointment and shall be
eligible for reappointment. The effective date of appointment of members under
the said paragraphs (v) and (vi) shall be the date on which the Council is
notified of the appointment. |
(c) Each member
of the Council may be represented by an alternate to be appointed, in the case
of (i) above by the Dean, in the case of (ii), (iii) and (iv) by the member
himself and in the case of (v) and (vi) by the body represented by the member. |
(d) A casual
vacancy, however, occurring in the case of a member appointed under (v) and
(vi) may be filled by the body appointing such member and the person appointed
to fill such casual vacancy shall hold office for the remainder of the period
of the appointment of the member whose place he fills. |
(e) Any
committee of the Council shall have the power to co-opt such person or persons
as it thinks fit. |
2. Legal Status. |
The Council shall possess
full juridical personality and, in particular, full capacity- |
|
(b) to acquire,
and dispose of movable and immovable property; and |
(c) to
institute and defend legal proceedings. |
3. Functions and
Powers. |
The functions and
the powers of the Council shall be as follows: |
(a) to
undertake and discharge general responsibility for the practical professional
training of persons seeking to become members of the legal profession; |
(b) to
establish, equip and maintain Law Schools, one in Jamaica, one in Trinidad and
Tobago and in such other territories as the Council may from time to time
determine, for the purpose of providing post graduate professional legal
training; |
(c) to appoint
a Principal of each Law School and all necessary staff; |
(d) to make
proper provision for courses of study and practical instruction, for the award
of scholarships, studentships, bursaries, and prizes, and for holding
examinations and granting diplomas and certificates; |
(e) to evaluate
courses of study provided by and to accord appropriate recognition of legal
qualifications obtained at other institutions; |
(f) in the
exercise of any of the above functions or powers to enter into any such
agreements with the University of the West Indies, and the University of Guyana
as the Council shall think fit; |
(g) to appoint
Committees of the Council and to delegate to any such Committee such of its
powers as the Council shall think fit provided that the Council shall
nevertheless maintain overall responsibility for co-ordinating training
throughout the area on a planned and integrated basis paying due regard to the
needs of the several participating territories; |
(h) to make
regulations for the due discharge of its functions, for the courses and
examinations at the Law Schools, and for prescribing fees to be paid and
disciplinary rules to be observed by persons admitted to the Law Schools and,
subject to the provisions of Articles 7 and 8, to regulate its own procedures; |
(i) to do all
such other acts and things whether incidental to the powers aforesaid or not as
may be requisite in order to further the objects of the Council. |
ARTICLE 2
Principals of Law Schools |
The Principal of
each Law School shall be responsible to the Council for the organisation and
administration of the Law School and for the courses of study and practical
instruction and shall exercise such other functions of the Council as the
Council may, from time to time, entrust to him. |
ARTICLE 3
Admission to Law Schools |
Every person who
holds a University of the West Indies LL.B. degree shall be eligible for
admission to the Law Schools and every person who holds a degree of a University
or Institution which is recognised by the Council as being equivalent to the
University of the West Indies LL.B. degree shall, subject to the availability
of places and to such conditions (if any) as the Council may require, be
eligible for admission to the Law Schools: Provided that any national who prior
to 1st October, 1972 was the holder of a University Degree or had commenced
upon a degree programme other than in law and completed that programme before
1st October, 1975, shall be eligible to be admitted to one of the Professional
Law Schools without being required to obtain a degree of LL.B. from the
University of the West Indies or a Law Degree recognised by the Council of
Legal Education as equivalent thereto but subject to such other terms and
conditions as the Council of Legal Education shall after consultation with the
Faculty of Law of the University of the West Indies determine. |
ARTICLE 4
Legal Education Certificate |
1. On the
satisfactory completion by any person of the course of study and professional
training at one of the Law Schools established by the Council that person shall
be awarded by the Council a certificate herein referred to as a Legal Education
Certificate. |
2. Any person to
whom paragraph 1(b) of Article 6 does not apply and who- |
(a) has
obtained a degree of a University or Institution which is recognised by the
Council as equivalent to the University of the West Indies LL.B. degree; and |
(b) (i) is
the holder of a qualification which had it been obtained prior to 1st October,
1972 would have been recognised by all of the participating territories as a
qualification to be admitted to practise as a barrister or solicitor in those
territories; or |
(ii) is
the holder of a qualification, obtained in a Common Law jurisdiction, for
admission to practise law in that jurisdiction and which qualification is
approved by the Council; and |
(c) has
completed, to the satisfaction of the Council, a six-month course of training
organised by the Council, shall be awarded by the Council a Legal Education
Certificate. |
ARTICLE 5
Admission to Practice |
1. The Government
of each of the participating territories undertakes that it will recognise that
any person holding a Legal Education Certificate fulfils the requirements for
practice in its territory so far as institutional training and education are
concerned and that (subject to the transitional provisions hereinafter
contained and to any reciprocal arrangements that any of the said territories
may hereafter make with any other country) no person shall be admitted to
practise in that territory who does not hold such certificate. But nothing
herein contained shall prevent any territory from imposing additional
qualifications as a condition of admission to practise therein. |
2. The foregoing
provisions of this Article shall be subject to the terms of the Protocols to
this Agreement which shall have effect for the purposes specified therein. |
ARTICLE 6
Saving and Transitional Provisions |
1. The Government
of each of the participating territories agrees that the following persons
shall be recognised as professionally qualified for admission to practise in
its territory, namely- |
(a) any
national who is on 1st October, 1972 qualified to be admitted to practise as a
solicitor or a barrister in that territory; |
(b) any
national who, prior to 1st January, 1985, had undergone or is undergoing or has
been accepted for a course of legal training leading to a qualification such as
is referred to in paragraph 2(b)(i) of Article 4 of this Agreement and obtains
that qualification. |
2. In this Article
"national" means a person who- |
(a) is a
citizen of any participating territory; or |
(b) is regarded
as belonging to any participating territory under any law in force in that
territory. |
ARTICLE 7
Council - Procedure |
1. The Council
shall meet at such time and place as may from time to time be directed by the
Council. |
2. The Chairman
may, in his discretion, and shall, upon the written request of five or more
members of the Council specifying the matters to be considered, call a meeting
of the Council. |
3. Decisions of
the Council and of any Committee of the Council shall be by a majority of
members present and voting and one third of the members of the Council or of
any Committee of the Council shall be a quorum. |
4. Each member
shall have one vote. The Chairman of a meeting in addition to his original vote
shall have a casting vote in the event of any equal division. |
5. The Council and
any Committee of the Council shall be competent to act notwithstanding any
vacancy in its membership or any irregularity subsequently discovered in the
appointment of its members. |
ARTICLE 8
Council - Chairman |
At the first
meeting and as required thereafter the Council shall elect one of its members
as Chairman who shall hold office for three years. The Chairman, if present,
shall preside at all meetings of the Council and in the event of his absence
the members present shall appoint a Chairman. |
ARTICLE 9
Financial Provisions |
1. The revenue of
the Council shall be derived from contributions from the Governments of the
participating territories, from grants and donations, and from fees payable by
persons admitted to the Law Schools. |
2. The Council
shall have the power to invest any monies belonging to it, including any
unapplied income, in such stock, funds, fully paid shares or securities as the
Council may from time to time think fit, whether authorized by the general law
for the investment of trust monies or not, with the like power of varying such
investments from time to time by sale or reinvestment or otherwise. |
3. The Council
shall govern, manage and regulate its finances, accounts, investments,
property, business and all its affairs whatsoever and for that purpose shall have
the power to appoint bankers and any officers or agents whom it may deem
expedient to appoint. |
4. The interim
expenses of the Council (other than those relating to the establishment and
operation of the Law School) shall be borne by the Governments of the
participating territories in the same proportion as the interim expenses of the
Faculty of Law of the University of the West Indies. All other expenses
relating to the establishment and operation of the Law Schools shall be
considered by the Governments of the participating territories and their
respective contributions thereto agreed upon at the earliest practicable date. |
5. (a) The Council
shall cause to be kept proper books of account which shall be audited at least
once a year by an auditor who shall be a qualified and independent Accountant
in the active practice of his profession appointed by the Council, and shall
cause to be prepared not later than three months after the end of each academic
year- |
(i) a
statement showing in detail the income and expenditure of the Council for the
immediately preceding academic year; |
(ii) a
statement of the assets and liabilities of the Council as they stood at the end
of the immediately preceding academic year. |
(b) Such
statements shall be certified by the Auditor appointed by the Council and as
soon as may be thereafter a copy of each such statement as audited shall be
transmitted to each contracting party. |
(c) The Council
shall in each year not later than the date specified in paragraph 5(a)(i) cause
to be prepared and transmitted to each contracting party a report dealing
generally with the activities of the Council. |
6. The Council,
its assets, property, income and its operations and transactions, shall be
exempt from all direct taxation and from all custom duties on goods imported
for its official use; this shall not include exemption from taxes which are no
more than charges for public utility services. |
ARTICLE 10
Deposit, Ratification and Entry into Force |
1. This Agreement
shall come into force upon signature or deposit of letters of ratification or
acceptance on behalf of the University of the West Indies and the University of
Guyana and on behalf of Barbados, Guyana, Jamaica and Trinidad and Tobago. |
2. This Agreement
shall be subject to ratification or acceptance by the contracting parties.
Instruments of ratification or acceptance shall be deposited by the contracting
parties with the Depository who shall notify the other contracting parties. |
3. This Agreement
shall be deposited with the Secretary-General of the Commonwealth Caribbean
Regional Secretariat (herein called the "Depository"). |
4. The Depository
shall transmit copies of this Agreement to each contracting party |
ARTICLE 11
Participation of Territories other than original Signatories |
Any of the
territories named in Annex "A" hereof (other than the signatories
hereto at the date of the coming into force of this Agreement) may become
parties to this Agreement at such time and in accordance with such terms as may
be determined by the Council. |
ARTICLE 12
Inaugural Meeting |
As soon as this
Agreement comes into force, the Vice-Chancellor of the University of the West
Indies shall take the necessary steps to secure the nomination of the members
of the Council specified in Clause 1(a) paragraphs (v) and (vi) of Article 1
and to convene the Inaugural Meeting of the Council. |
IN WITNESS
WHEREOF the undersigned representatives, being duly authorized thereto by
their respective Governments or institutions, have signed the present
Agreement. |
ANNEX 'A' (Article 11) |
Antigua
Bahamas
Barbados
Belize
The British Virgin Islands
The Cayman Islands
Dominica
Grenada
Guyana
Jamaica
Montserrat
St. Kitts-Nevis-Anguilla
St. Lucia
St. Vincent
Trinidad and Tobago
The Turks and Caicos Islands
The University of the West Indies
The University of Guyana |
PROTOCOL TO
PROVIDE FOR THE RESERVATION MADE BY THE GOVERNMENT OF THE BAHAMAS TO PARAGRAPH
1 OF ARTICLE 5 OF THE AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL EDUCATION. |
The contracting
parties to the Agreement establishing the Council of Legal Education hereby
agree that notwithstanding the provisions of paragraph 1 of Article 5, the
Government of The Bahamas shall be able to admit to practise in The Bahamas,
persons holding qualifications other than a Legal Education Certificate awarded
by the Council of Legal Education. The Government of The Bahamas undertakes to
review the position within five years of the coming into force of the Agreement
with a view to implementing fully the provisions of paragraph 1 of Article 5. |
FURTHER
PROTOCOL TO PROVIDE FOR THE ADHESION OF THE GOVERNMENT OF THE CAYMAN ISLANDS
NOTWITHSTANDING PARAGRAPH 1 OF ARTICLE 5 OF THE AGREEMENT ESTABLISHING THE
COUNCIL OF LEGAL EDUCATION. |
The contracting
parties to the Agreement establishing the Council of Legal Education hereby
agree that notwithstanding the provisions of paragraph 1 of Article 5, the
Government of the Cayman Islands shall be able to admit to practise in the
Cayman Islands persons holding qualifications other than a Legal Education
Certificate awarded by the Council of Legal Education. |
Provided that the
Government of the Cayman Islands may, at any time not later than five years
from the date on which that Agreement entered into force, adhere
unconditionally to the full terms of that Agreement but if, at the conclusion
of the said period of five years, the Government of the Cayman Islands has not
so adhered, it shall cease forthwith to be a participating Government in the
Council of Legal Education. |