Committee Reports > List of Committees > Seanad > 1956 > Select Committee on Statutory Instruments > Report No. 02 (1956) - Statutory Instruments

APPENDIX XII.

Solicitors Act, 1954 (Apprenticeship and Education) Regulations, 1955 (S. I. No. 217 of 1955).

9 Márta, 1956.

Secretary,

Incorporated Law Society of Ireland,

Four Courts, Dublin.

A Chara,

I am directed by the Select Committee on Statutory Instruments to state that they have had under consideration the Solicitors Act, 1954 (Apprenticeship and Education) Regulations, 1955 [S.I. No. 217 of 1955] which was presented to Seanad Éireann on 10th November, 1955. I am to inform you that the Committee, under their terms of reference, must examine every instrument which is presented statutorily to Seanad Éireann with a view to determining whether or not the attention of the Seanad should be directed to it on any grounds covered by their terms of reference. A copy of the First Report of the Select Committee to the Seanad (Pr. 3001), which contains their terms of reference, is enclosed for information.

In this connection I am to inform you that the above-mentioned instrument bears the same title as Regulations [S.I. No. 90 of 1955] made by your Society on 12th May, 1955, and presented to Seanad Éireann on 19th idem. The Committee are of opinion that every statutory instrument should bear a distinguishing title, and they have already made certain recommendations in this regard. I am to invite your attention to Paragraph 7 of the First Report of the Committee.

The Committee also note that Paragraph 2 of these regulations states “That subject to the special provisions contained in regulation 29, these regulations shall come into operation on the 1st day of September, 1956.” The special transitional provisions and date of operation appear, however, to be covered by regulation 33. The Committee would like to know whether the regulation will require suitable emendation.

To enable them to complete their examination of the instrument the Committee would appreciate a memorandum on the above two points. As they would like to consider the matter at their next meeting they would appreciate a reply by the 22nd instant.

Cléireach an Rogha-Choiste.

The Incorporated Law Society of Ireland,

Solicitors Buildings, Four Courts,

Dear Sir,

I am directed by the Council of this Society to refer to your letter of March 9th and to submit the following observations on the points raised.

The Council agree with the Committee’s view that each statutory instrument should bear a distinguishing title. The Instrument No. 90 of 1955 contained temporary Regulations and will be spent when Instrument No. 217 of 1955 comes into operation on September 1st. The identity of the titles was overlooked when the second Instrument was made but the point will be borne in mind should occasion again arise.

The reference in regulation 2 of S.I. No. 217/1955 to regulation 29 was an error and should read regulation 33 but my Council do not consider that this affects the operation of the Regulations on the 1st September, 1956, and they consider accordingly that no amendment is necessary. If your Committee think that it would be better to have an amendment on either of the points raised my Council are quite willing to make a new rule.

E. A. PLUNKETT,