Chapter 004:04 - Council of Legal Education

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L.R.O. 1/2012
LAWS OF GUYANA
COUNCIL OF LEGAL EDUCATION ACT
CHAPTER 4:04
Act
3 of 1973
Amended by
O. 41/1983
62/1986
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 20 ... 1/2012





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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 4:04
COUNCIL OF LEGAL EDUCATION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Certain provisions of the Agreement to have the force of law in
Guyana.
4. Amendment of the Schedule.
SCHEDULE—Agreement establishing the Council of Legal Education.
__________________________
3 of 1973 An Act to enable the implementation by Guyana of the
Agreement for the establishment of the Council of
Legal Education.
[22nd FEBRUARY, 1973]
Short title.
Interpretation.
Schedule.
1. This Act may be cited as the Council of Legal
Education Act.
2. In this Act—
“Agreement”‖means the Agreement establishing the Council
of Legal Education the original of which is deposited
with the Secretary- General of the Commonwealth
Caribbean Regional Secretariat (including the
amendments made thereto by the Supplemental
Agreement entered into by the Contracting Parties and
deposited in like manner before the enactment of this
Act) and of which the text of the Articles is set out in the
Schedule.

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Certain
provisions of
the Agreement
to have the
force of law
in Guyana.
Amendment
of the Schedule.
ss. 2 and 4.
[O.62/1986]
“Minister”‖means the Minister responsible for legal matters
(other than criminal prosecutions).
3. The provisions of paragraph 2 of Article 1, Articles
5 and 6, and paragraph 6 of Article 9, of the Agreement shall
have the force of law in Guyana.

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.
(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) Every order made under this section shall be
subject to negative resolution of the National Assembly.
(4) Where the Schedule is amended pursuant to
this section, any reference in this Act or any other law or
instrument to the Agreement shall, unless the context
otherwise requires, be construed as a reference to the
Agreement as amended.
SCHEDULE
AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL
EDUCATION
THE CONTRACTING PARTIES:
Sharing a common determination to establish without
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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 and 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:

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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
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nominated 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 re-appointment. 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—
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(a) to contract;
(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
postgraduate 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
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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 to 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.

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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 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.
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
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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 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
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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
SAVINGS 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 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
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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 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
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.

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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 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 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
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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
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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 authorised thereto by their
respective Governments or institutions, have signed the
present Agreement.
Signed by
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for the Government of Antigua on
at
Signed by G. H. C. Griffith
for the Government of Bahamas on 20th September, 1971
at Cave Hill Campus, U.W.I., Barbados.
Signed by Frederick G. Smith
for the Government of Barbados on 17th March, 1971
at Georgetown, Guyana.
Signed by
for the Government of Belize (British Honduras) on
at
Signed by
for the Government of the British Virgin Islands on at
Signed by
for the Government of the Cayman Islands on
at
Signed by Ronald O. P. Armour
for the Government of Dominica on 25/11/70
at Georgetown, Guyana.
Signed by Keith Alleyne
for the Government of Grenada on 25th November, 1970
at Georgetown, Guyana.

Signed by Shridath S. Ramphal
for the Government of Guyana on 28th December, 1970
at Georgetown, Guyana.
Signed by H. S. Walker
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for the Government of Jamaica on 10th March, 1971
at Georgetown, Guyana
Signed by
for the Government of Montserrat on
at
Signed by
for the Government of St. Kitts-Nevis-Anguilla on
at
Signed by
for the Government of St. Lucia on at
Signed by
for the Government of St. Vincent on
at
Signed by Kamaluddin Mohammed for the Government of
Trinidad and Tobago on 10th day of March, 1971 at
Georgetown, Guyana.
Signed by O. R. Marshall
for the University of the West Indies on
21st December, 1970 at Regional Secretariat, Georgetown,
Guyana.
Signed by Dennis H. Irvine
for the University of Guyana on
21st December, 1970 at Regional Secretariat, Georgetown,
Guyana.

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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 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
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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.
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