Council of Legal Education

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/39.50.pdf

Council
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–6 ..
7–14 ..

L.R.O.

*See Note on Amendment on page 2

Act
41 of 1975
Amended by
14/1976

*24 of 1981
78/1985
90/1985

22 of 1993
2 of 2012

LAWS OF TRINIDAD AND TOBAGO

CHAPTER 39:50

COUNCIL OF LEGAL EDUCATION ACT

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Note on Subsidiary Legislation
This Chapter contains no subsidiary legislation.

Note on Amendment
The Council of Legal Education Act is amended by section 8 of Act No. 24 of 1981, but
Act No. 24 of 1981 had not, up to the date of the last revision of this Act, been brought
into operation.

2 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Council of Legal Education Chap. 39:50 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

CHAPTER 39:50

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.
4. Incorporation of Council.
5. Implementation of amendments to the Agreement.
6. Exemption from taxation.
7. Exemption from Customs duties.
8. Exemption from registration fees.
9. Exemption from Value Added Tax.
10. Exemption from motor vehicles tax.

SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

41 of 1975.

Commencement.

Short title.

Interpretation.

Schedule.

Certain
provisions of
the Agreement
to have the
force of law.

Incorporation
of Council.
Implementation
of amendments
to the
Agreement.
Schedule.

Schedule.

CHAPTER 39:50

COUNCIL OF LEGAL EDUCATION ACT
An Act to provide for the implementation of the Agreement

between the Governments of certain Caribbean Territories
establishing a Council of Legal Education, to incorporate
the said Council and to exempt it from certain taxes.

[2ND OCTOBER 1975]
1. This Act may be cited as the Council of Legal
Education Act.
2. In this Act—
“the Agreement” means the Agreement (including the protocols

thereto) as amended, establishing the Council of Legal
Education for certain Caribbean Territories, of which the
consolidated text is set out in the Schedule and to which the
Government is a party;

“the Council” means the Council of Legal Education established
under the Agreement.

3. The provisions of clause 2 of Article 1, Articles 5 and 6
and clause 6 of Article 9 of the Agreement shall have the force of
law in Trinidad and Tobago.
4. The Council is hereby established as a body corporate.
5. (1) Where any amendment of the Agreement (including
any protocol thereto) is accepted by the Government, the Minister
may by Order, subject to negative resolution of Parliament, amend
the Schedule for the purpose of including therein such 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 amendment or protocol 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 is amended pursuant to this
section, any reference in this Act or in any other written law or in

4 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Council of Legal Education Chap. 39:50 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

any instrument having effect under any such written law to the
Agreement shall, unless the context otherwise requires, be
construed as a reference to the Agreement as so amended.
6. (1) The Minister may by Order, subject to affirmative
resolution of Parliament, amend any written law so far as it is
necessary for the purpose of giving particular effect to the
undertaking entered into by the Government in clause 6 of
Article 9 of the Agreement.
(2) The provisions of this section are without prejudice
to the operation of section 3.
7. All goods imported by the Council for its official use
shall be exempt from Customs duties.
8. Any Deed executed in favour of, and any Deed of
Mortgage executed by the Council shall be exempt from
registration fees specified in the Registrar General Act.
9. Where—
(a) goods are imported by the Council for and on

behalf of the School;
(b) the commercial supply to the School of goods

and services,
are in the opinion of the Board of Inland Revenue required for
the purposes of the school, the goods and services shall be
exempt from Value Added Tax.
10. (1) Notwithstanding section 14 of the Motor Vehicles
and Road Traffic Act and subject to subsection (2), all motor
vehicles purchased by the Council for its own use shall be exempt
from motor vehicles tax.
(2) Where the Council transfers ownership of a motor
vehicle that is exempt from motor vehicles tax under subsection (1)
within five years from the date of registration of the motor vehicle,
the motor vehicles tax shall immediately become payable.

Exemption from
taxation.

Exemption from
Customs duties.

Exemption from
registration fees.
Ch. 19:03.

Exemption
from Value
Added Tax.
[22 of 1993].

Ch. 75:06.

Exemption from
motor vehicles
tax.
Chap. 48:50.
[2 of 2012].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Sections 2
and 5.
[78/1985
90/1985].

SCHEDULE

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 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 needs 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;

6 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Council of Legal Education Chap. 39:50 7

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(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—

(a) to contract;
(b) to acquire, and dispose of movable and immovable

property; and
(c) to institute and defend legal proceedings.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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 Prinicipal 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 Committees 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 School 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 Schools 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.

8 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Council of Legal Education Chap. 39:50 9

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

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 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 the 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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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 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 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 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.

10 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Council of Legal Education Chap. 39:50 11

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

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
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 moneys 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 moneys 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

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

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 Depositary who shall notify the other
contracting parties.

12 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Council of Legal Education Chap. 39:50 13

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

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
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.

Done at ....................................... this ............................... day of ..............
..........................................................., 1970 in a single copy, which shall be
deposited with the Commonwealth Caribbean Regional Secretariat by which
certified copies shall be transmitted to all participating Governments.

ANNEX “A”
ANTIGUA
BAHAMAS
BARBADOS
BRITISH HONDURAS (BELIZE)
THE BRITISH VIRGIN ISLANDS
THE CAYMAN ISLANDS
DOMINICA
GRENADA
GUYANA

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

14 Chap. 39:50 Council of Legal Education

LAWS OF TRINIDAD AND TOBAGO

ANNEX “A”—Continued
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 ARTICLES 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.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Read Entire Law on rgd.legalaffairs.gov.tt