The Gazette 1977

GAZETTE

OCTOBER- 1977

COUNCIL OF JHE SOCIETY

STATUTORY INSTRUMENT NO. 330 of 1977 Solicitors Acts 1954 and 1960

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. 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. 165 Signed: Thomas A. Finlay President of the High Court.

(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.