Council of Legal Education Act

Link to law: http://laws.gov.ag/acts/chapters/cap-114.pdf
Published: 1987

Council of Legal Education (CAP. 114 1

CHAPTER 114

THE COUNCIL O F LEGAL EDUCATION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Certain provisions of the Agreement given force in law.
4. Minister may amend Schedule.
5. Exemption from income tax and transfer tax.

SCHEDULE.
ANNEX A.

COUNCIL OF LEGAL EDUCATION

(1st January, 1987.) 3011986.

1. This Act may be cited as the Council of Legal short title.
Education Act.

2. In this Act "the Agreement" means the Agree- Interpretation.
ment as amended 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, the text of
which is set out in the Schedule and to which Antigua and Schedule.
Barbuda is a party.

3. The provisions of clause 2 of Article 1 (legal status), z;$:;ons of the
Articles 5 (admission to practice) and 6 (Saving and Transi- given
tional Provisions) and clause 6 of Article 9 (exemptions from force in law.

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2 CAP. 114) Council of Legal Education

taxation) of the Agreement have the force of law in Antigua
and Barbuda.

Minister may
amend Schedule.

4. (1) Where any amendment of the Agreement is
accepted by the Government, the Minister may by order
amend the Schedule for the purpose of including the
amendment.

(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 pre-
judice to the generality of the foregoing, may contain provi-
sions amending references in this Act to specific provisions
of the Agreement.

(3) Where the Schedule 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.

Exemption from
income tax and

5 . (1) The Council of Legal Education shall be
transfer tax. exempt from income tax.

(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.

SCHEDULE (Section 2)

Agreement Establishing the Council of Legal Education
as amended by a Supplemental Agreement

on October 12, 1984.

ARTICLE 1: Constitution

There shall be a Council of Legal Education (hereinafter called "the Council")
with the following membership, status, functions and powers:

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Council of Legal Education (CAP. 1 14 3

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.

(6) 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 for 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-

(a) to contract;

(6) to acquire, and dispose of movable and immovable property; and

(c) to institute and defend legal proceedings.

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CAP. 114) Council of Legal Education

3. Functions and Powers

The functions and 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;

( 6 ) 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 postgraduate pro-
fessional legal training;

(c) to appoint a Principal of each Law School and all necessary staff;

(6) to make proper provision for courses of study and practical instruc-
tion, 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;

V) 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;

e) 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 nevertheless maintain over-all 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 procedure.

(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 Principals of each Law School shall be responsible to the Council for
the organisation and administration of the Law School and of 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.

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Council of Legal Education (CAP. 114 5

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. O n 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 (6) 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 prac-
tise as a barrister or solicitor in those territories;

O R

(ii) is the holder of a aualification. 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.

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6 CAP. 114) Council of Legal Education

ARTICLE 5: Admission to Practise

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 practise in its territory so far as institutional training and educa-
tion 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 Protocol to this Agreement which shall have effect for the purpose 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 was 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 belong 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.

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Council of Lepal Education (CAP. 114 7

4. Each member shall have one vote. The Chairman of a meeting in addi-
tion to his original vote shall have a casting vote in the event of an 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 stocks, funds, fully- paid shares or
securities as the Council may from time to time think fit, whether authorised 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 Schools) shall be borne by the Govern-
ments 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 contribu-
tions 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;

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8 CAP. 114) Council of Legal Education

(ii) a statement of the assets and liabilities of the Council as they stood
at the end of the immediately preceding year.

( 6 ) 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.

6. The Council, its assets, property, income and its operations and trans-
actions, shall be exempt from all direct taxation and from all customs 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 Depositary who shall notify the other con-
tracting parties.

3. This Agreement shall be deposited with the Secretary-General of the
Commonwealth Caribbean Regional Secretariat (herein called the "Depositary").

4. The Depositary shall transmit copies of this Agreement to each con-
tracting 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 Univer-
sity of the West Indies shall take the necessary steps to secure the nomination
of the members of the Council specified in Clause l(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
authorised thereto by their respective Governments or institutions, have signed
the present Agreement.

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Council of Legal Education (CAP. 114 9

ANNEX 'A'

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 I 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.
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