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GAZETTE
OCTOBER- 1977
COUNCIL OF JHE SOCIETY
STATUTORY INSTRUMENT NO. 330 of 1977
Solicitors Acts 1954 and 1960
(Apprentices' Fees)
Regulations, 1977
The Incorporated Law Society of Ireland in exercise of
the powers conferred on them by sections 4, 5, and 82 of
the Solicitors Acts, 1954 and 1960 and of every other
power thereunto them enabling, and with the concurrence
of the President of the High Court hereby make the
following regulations.
1. On and after the date on which these regulations
shall come into operation the fees specified in the schedule
hereto shall be paid to the Incorporated Law Society of
Ireland by the petitioner or applicant in respect of the
matters therein mentioned.
2. The Solicitors Act, 1954 (Apprentices' Fees)
Regulations, 1975 (S.I. No. 308 of 1975) shall be revoked
as from the date of the operation of these regulations.
3. The Interpretation Act, 1937, shall apply for the
purpose of the interpretation of these regulations as it
applies for the purpose of the interpretation of an Act of the
Oireachtas except in so far as it may be inconsistent with
the Solicitors Acts, 1954 and 1960 or with these
regulations.
4. These may cited as the Solicitors Acts, 1954 and
1960 (Apprentices' Fees) Regulations, 1977 and shall
come into operation on 1st November, 1977.
Schedule:
1. On application for consent of the Society to enter
into indentures of apprenticeship (excluding Preliminary
Examination) £20.00.
la. Preliminary Examination Fee, £20.00.
2. On application to attend afirst Examination in Irish,
or part thereof, £7.50.
3. On each subsequent application to attend any first
examination in Irish or part thereof, £4.00.
4. On each application to attend any Preliminary
Examination or part thereof after the first, £7.50.
5. On application for entry by the registrar of
indentures of apprenticeship, other than supplemental
indentures or a transfer of indentures, £120.00.
6. On application to attend the first law examination,
Old Regulations, £15.00; New Regulations, £20.00.
7. On each subsequent application to attend any first
law examination or part thereof, £15.00.
8. On application to attend the second examination in
Irish, £7.50.
9. On each subsequent application to attend any
second examination in Irish or part thereof, £7.50.
10. On application to attend the final examination,
Second Law Examination £20.00; Third Law
Examination £20.00; Book-keeping Examination £7.50.
11. On each subsequent application to attend the final
examination, Second Law Examination, or any part
thereof, £ 15; Third Law Examination, or any part thereof,
£15.00; Book-keeping Examination, or any part thereof,
£7.50.
12. On each application to attend a course of lectures
of the Society other than lectures on the rights, duties and
responsibilities of solicitors, £20.00; Half course, £10.00.
13. On application for entry of a name on the roll of
solicitors, £50.00.
14. On application for permission to give late notice of
intention to attend any examination or course of lectures
£7.50 or such lesser fee as the Society may accept in
special circumstances.
Dated this 26th day of October, 1977.
Signed on behalf of the Incorporated Law Society of
Ireland
Bruce St. John Blake
President of The Incorporated Law Society of Ireland.
In pursuance of the provisions of Section 82 of the
Solicitors Act, 1954 as amended by Section 25(1) of the
Solicitors (Amendment) Act, 1960, I concur in the
making of the above regulations.
Signed: Thomas A. Finlay
President of the High Court.
PLANNING LAW — CHANGES IN REQUISITIONS
Sections 26 and 27 Local Government (Planning and
Development) Act, 1976
Following queries from Members the Society has
obtained a joint Opinion from Mr. E. M. Walsh S.C. and
Mr. Ronan Keane, S.C. as to the effect of the two
sections on Conveyancing Practice.
The general view of the profession was that under the
Local Government (Planning and Development) Act 1963
the purchaser of an unauthorised structure or a structure in
which an unauthorised use was carried on was immune
from any form of prosecution or enforcement procedure
provided that the unauthorised structure or use had
enjoyed an existence for upwards of five years. The only
dissenting voice was that of the Dublin Planning Authority
who considered that an unauthorised use was a continuing
offence and that a special offence was committed every day
the use was carried on that a prosecution could therefore be
brought not merely against the original developer but also
any purchaser who carried on the development as long as
the prosecution related only to the six month period
immediately preceding the issue of the Summons.
The effect of Section 26 of the 1976 Act is to provide for
the introduction of a Warning Notice where any
unauthorised use is bein£ made of the land and where that
notice requires the discontinuance of an unauthorised use
any person who knowingly fails to comply with the
requirement is guilty of an offence and is liable to a fine of
£250 and in the case of continuing offence to a fine not
exceeding £100 for each day on which the offence is
continued or to imprisonment for a term not exceeding 6
months or to both fine and imprisonment.
In the opinion of both Counsel it is clear that such a
warning Notice can be served notwithstanding the fact
that the period five years provided for by Section 31 of
the 1963 Act might have expired.
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