Solicitors (Continuing Professional Development) Regulations 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations shall apply to:
(a) a solicitor in the full-time service of the State; and
(b) a solicitor who holds a practising certificate in respect of all or any part of the first cycle or the second cycle or the third cycle.
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paragraphs: A solicitor to whom Regulation 3 applies shall undertake continuing professional development during, respectively, the first cycle, the second cycle and the third cycle as provided for in Regulation 5 and the Scheme but subject, as may be applicable, to Regulation 6.
5. (a) The Society shall provide from time to time for a scheme of continuing professional development (“the Scheme”) to be undertaken by a solicitor during, respectively, the first cycle, the second cycle and the third cycle for such minimum number of hours within each such cycle as is provided for in clause (b) of this Regulation and as fulfils the requirements provided for in clause (c) of this Regulation; the Scheme to be approved of from time to time by the Education Committee.
(b) A solicitor shall be required to undertake continuing professional development:
(i) during the first cycle, for a minimum of eleven hours;
(ii) during the second cycle, for a minimum of twelve hours; and
(iii) during the third cycle, for a minimum of thirteen hours.
(c) A solicitor to whom these Regulations apply shall be required during, respectively, the first cycle, the second cycle and the third cycle to fulfil the following requirements:
(i) in respect of the first cycle, the requirement to undertake continuing professional development for a minimum of eleven hours shall comprise a minimum of three hours of management and professional development skills and a minimum of one hour of regulatory matters and may be completed by means of e-learning and/or group study and/or written relevant material,
(ii) in respect of the second cycle, the requirement to undertake continuing professional development for a minimum of twelve hours shall comprise a minimum of three hours of management and professional development skills and a minimum of one hour of regulatory matters, and may be completed by means of e-learning and/or group study and/or written relevant material,
(iii) in respect of the third cycle, the requirement to undertake continuing professional development for a minimum of thirteen hours shall comprise a minimum of three hours of management and professional development skills and a minimum of one hour of regulatory matters, and may be completed by means of e-learning and/or group study and/or written relevant material,
(d) A solicitor required to undertake continuing professional development pursuant to these Regulations shall maintain a written record of the hours of continuing professional development undertaken by him or her (including written verification thereof) in order to demonstrate the solicitor’s compliance with these Regulations and the Scheme; and the Scheme shall provide for the form and content of such written record to be so maintained by the solicitor.
(e) The written record to be maintained by a solicitor to verify his or her hours of continuing professional development, as provided for in clause (e) of this Regulation, shall be produced by the solicitor on being so requested by the Society.
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paragraphs: The requirements of Regulation 5 shall be modified in respect of the following categories of solicitor:—
(a) A newly admitted solicitor shall be exempt from the requirement to undertake continuing professional development for a period of twelve months commencing on the first day of the month immediately following the date of his or her admission to the Roll to the effect that his or her requirement to undertake continuing professional development during the cycle within which such period of twelve months expires, whether it be in the first cycle, the second cycle or the third cycle, shall be proportionately or otherwise reduced, as may be more particularly defined and specified in the Scheme;
(b) A senior practitioner shall be required to undertake continuing professional development only for a maximum of three hours in each cycle following upon his or her attainment of at least forty years after his or her admission to the Roll, as may be more particularly defined and specified in the Scheme;
(c) A solicitor who for reasons of maternity and/or parental and/or carers and/or adoptive leave, does not practise or ceases to practise as a solicitor in the course of the first cycle or the second cycle or the third cycle for a period of not less than one week within any such cycle may, on due written certification to the Society of that fact, have his or her requirement to have undertaken continuing professional development during that particular cycle proportionately or otherwise reduced, as may be more particularly defined and specified in the Scheme.
(d) A solicitor who, for reasons of illness, retirement, unemployment or other substantive reasons, does not practise or ceases to practise as a solicitor in the course of the first cycle or the second cycle or the third cycle for a period of not less than eight weeks within any such cycle may, on due written certification to the Society of that fact, have his or her requirement to have undertaken continuing professional development during that particular cycle proportionately or otherwise reduced, as may be more particularly defined and specified in the Scheme; and
(e) A solicitor who holds a practising certificate or is in the full-time service of the State for part only of the first cycle or the second cycle or the third cycle may, on due written certification to the Society of that fact, have his or her requirement to have undertaken continuing professional development during that particular cycle proportionately or otherwise reduced, as may be more particularly defined and specified in the Scheme.
7. (a) A solicitor who makes application to the Society for a practising certificate for all or any part of the second cycle shall, as part of such application and in such other manner as may be more particularly defined and specified in the Scheme, certify to the Society (and verify such certification, if so requested by the Society, by production of the written record maintained pursuant to Regulation 5 (d)) the fact of the solicitor having undertaken continuing professional development during the first cycle for a minimum of eleven hours in accordance with Regulation 5 and the Scheme but subject, as may be applicable, to Regulation 6.
(b) A solicitor who makes application to the Society for a practising certificate for all or any part of the third cycle shall, as part of such application and in such other manner as may be more particularly defined and specified in the Scheme, certify to the Society (and verify such certification, if so requested by the Society, by production of the written record maintained pursuant to Regulation 5 (d)) the fact of the solicitor having undertaken continuing professional development during the second cycle for a minimum of twelve hours in accordance with Regulation 5 and the Scheme but subject, as may be applicable, to Regulation 6.
(c) A solicitor who makes application to the Society for a practising certificate for all or any part of the practice year commencing on the first day of January 2013 shall, as part of such application and in such other manner as may be more particularly defined and specified in the Scheme, certify to the Society (and verify such certification, if so requested by the Society, by production of the written record maintained pursuant to Regulation 5 (d)) the fact of the solicitor having undertaken continuing professional development during the third cycle for a minimum of thirteen hours in accordance with Regulation 5 and the Scheme but subject, as may be applicable, to Regulation 6.
(d) A solicitor in the full-time service of the State shall, within two months following the end of, respectively, the first cycle, the second cycle and the third cycle, certify to the Society in such manner as may be more particularly defined and specified in the Scheme (and verify such certification, if so requested by the Society, by production of the written record maintained pursuant to Regulation 5 (d)) the fact of the solicitor having undertaken continuing professional development during, respectively, the first cycle for a minimum of eleven hours, and the second cycle for a minimum of twelve hours in and during the third cycle for a minimum of thirteen hours each in accordance with Regulation 5 and the Scheme but subject, as may be applicable, to Regulation 6.
8. (a) Any breach of these Regulations may, upon due inquiry by the Solicitors Disciplinary Tribunal pursuant to section 7 (as substituted by section 17 of the Solicitors (Amendment) Act 1994 and as amended by section 9 of the Solicitors (Amendment) Act 2002 ) of the Solicitors (Amendment) Act 1960 , be found by the Solicitors Disciplinary Tribunal to be misconduct within the meaning of section 3 (as amended by section 24 of the Solicitors (Amendment) Act 1994 and by section 7 of the Solicitors (Amendment) Act 2002 ) of the Solicitors (Amendment) Act 1960 .
(b) Without prejudice to the generality of clause (a) of this Regulation and for the purpose of ensuring compliance with these Regulations, the Education Committee may investigate the alleged breach by a solictor of these Regulations and, to that end, may in respect of the solicitor concerned:
(i) seek explanations from the solicitor,
(ii) call the solicitor for interview,
(iii) give directions to the solicitor, and/or
(iv) direct that the Society refer the matter to the Solicitors Disciplinary Tribunal for inquiry.
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paragraphs: The Society may, in exceptional circumstances and subject to such conditions as the Society deem appropriate, modify any requirement or provision of these Regulations.