COUNCIL OF LEGAL EDUCATION I

ACtS
7 of 1974,
14 of 1982.

THE COUNCIL OF LEGAL EDUCATION ACT

[Zst April, 1974.1

1. This Act may be cited as the Council of Legal Educa- Short title.
tion Act

2. In this Act- Interpreta-
tion. “the Agreement” means the Agreement for the estab-

lishment 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

“Minister” means the Minister for the time being
the Schedule to this Act; Schedule.

charged with responsibility for legal education.

:3.* The ‘provisiohs of clause 2 (legal status) of Article 1, visions Certainpro- of the
Articles 5 and 6 and clause 6 (exemptions from taxation) of Agreement
Article 9 of the Agreement shall have the force of law in $[::$r

Jamaica. Jamaica. 14/ 1982
S. 2 (a).
L w N d

153/1985

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

amend the Schedule to this Act for the purpose of includ-
ing 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
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2 COUNCIL OF LEGAL EDUCATION

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 pro-
visions of the Agreement.

(3) Where the Schedule to this Act is amended pur-
suant 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 con-
text otherwise requires, be construed as a reference to the
Agreement as so amended.

Exemption
jncomebx from income tax.
transfer tax.

5 .41) The Council of Legal Education shall be exempt

(2) Notwithstanding anything to the contrary con-
tained 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
Transfer Tax Act, any transfer by the Council of property
belonging to it or of any right or interest created in, over
or otherwise with respect to any such property.

from

and

COUNCIL OF LEGAL EDUCATION 3

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 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 appreciaticn of relevant social science sub-
jects 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 prac-
tice 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
(U) The Council shall consist of:

The Dean of the Faculty of Law of the University of
the West Indies and another member of the faculty
nominated by him;
The Principals of the Law Schools;
The Head of the Judiciary of each participating ter- 153/1985
ritory ;
The Attorney-General of each participating territory;
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

LN.

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4 COUNCIL OF LEGAL EDUCATION

LN.
153,’1985

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 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 alter-
nate 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, occuring in the case of a member
appointed under (v) and (vi) may be filled by the body appoint-
ing 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.

The Council shall possess full juridical personality and, in
2. Legal Status

particular, full capacity-
(a) to contract;
(b) to acquire, and dispose of movable and immovable property;

and
(c) to institute and defend legal proceedings.

The functions and the powers of the Council shall be as
follows : -
(a) to undertake and discharge general responsibility for the prac-

tical professional training of persons seeking to become mem-
bers 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
st&;

(d) to make proper provision for courses of study and practical
instruction, for the award of scholarships, studentships.

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3. Functions and Powers

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COUNCIL OF LEGAL EDUCATION 5

bursaries, and prizes, and for holding examinations and grant-
ing diplomas and certificates:

(e) to evaluate courses of study provided by and to accord ap-
propriate recognition of legal qualifications obtained at other
institutions ;
in the exercise of any of the above functions or powers to en-
ter 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 over-
all responsibility for co-ordinating training throughout the area
on a planned and integrated basis paying due regard to the
needs of the xvcral 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 ob-
served by persons admitted to the Law Schools and, subject
to the provisions of Articles 7 and 8, to regulate its own pro-
cedures;

( 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.

(f)

ARTICLE 2
Principals of Law Schools L.N.

The Principal of each Law Sahool shall be responsible to tha
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 con-
ditions (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 recog-

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15311985

6 COUNCIL OF LEGAL EDUCATION

nised by the Council of Legal Education as equivalent thereto but sub-
ject to such other terms and conditions as the Council of Legal Educa-
tion shall after consultation with the Faculty of Law of the University
of the West Indies determine.

ARTICLE 4
L.N. Legal Education Certificate
153”985 1. On the satisfactory completion by any perscn 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 Counc.1 a certificate herein
referred to as a Legal Education Certificate.

2. Any person to whom paragrpah 1 (b) of Article 6 does not apply

(a) has obtained B degree of a University cr Institulion which is
recognised by the Council as equivalent to t!ie 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 terri-
tories; or

(ii) is the holder of a qualification, obtained in a Common Law
Jurisdktion, for admission to practise law in that juris-

diction and which qualification is approved by the Council;
and

(c) has completed, to the satisfaction of the Council, a six-month

and who-

course of ltraining organised by the Comcil,
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 Certi-
ficate fulfils the requirements for practice in its territory so far as in-
stitutional 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 ter-
ritory 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.

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COUNCIL OF LEGAL EDUCATION 7

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 ad-
mitted to practise as a solicitor or a barrister in that temtory:

(b) any national who, prior to 1st January, 1985, had undergone LN.
or is undergoing or has been accepted for a course of legal I53/l985
training leading to a qualification such as is referred to in
paragraph 2 (6) (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

2. The Chairman may, in his discretion, and shall, upon the L.N.

to time be directed by the Council.

written request of five or more members of the Council specifying the 15311985
matters to be considered, call a mee.ing of :he 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
Council-Chairman

At the first meeting and as required thereafter the Council shall elect
one of its membxs 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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8 COUNCIL OF LEGAL EDUCATION

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. (U) 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 expendi-
ture 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.

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COUNCIL OF LEGAL EDUCATION 9

6 . The Council, its assets, property, income and its operations and
transactions, shall be exempt from all direct taxation and from
custom duties on goods imported for its official use; this shall not 1n-
clude exemption from taxes which are no more than charges for pubhc
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
Participating 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
lnaugural 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.

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COUNCIL OF LEGAL EDUCATION

ANNBX ‘A‘ Article 11

10

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 GOVERN-

MENT OF THE BAHAMAS TO PARAGRAPH 1 OF ARTICLE 5 OF THE
AGREEMENT ESTABLISHING THE COUNCIL OF I*EGAL 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 .

MENT OF THE CAYMAN ISLANDS NOTWITHSTANDING PARAGRAPH 1 OF

EDUCATION.
The contracting parties to the Agreement establishing the Council of

Legal Education hereby agree that nothwithstanding 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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FURTHER PROTOCOL TO PROVIDE FOR THE ADHESION OF THE GOVERN-

ARTICLE 5 OF THE AGREEMENT ESTABLISHING THE mUNCIL OF LEGAL