Schedule 7
(Section 2)
AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL EDUCATION
(Amended by Act 8 of 2007)
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—
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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;
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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
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(a) The Council shall consist of—
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(i) The Dean of the Faculty of Law of the University of the West Indies and another member of the faculty nominated by him;
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(ii) The Director of Legal Education and his Deputy or Deputies;
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(iii) The Head of the Judiciary of each participating territory;
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(iv) The Attorney General of each participating territory;
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(v) From each of the 4 participating territories in which there are now 2 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 2 branches of the profession at any time becoming fused in any such territory 2 members of the fused profession nominated by their appropriate professional body;
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(vi) From each of the other participating territories one member of the profession nominated by the appropriate professional body.
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(b) Each member of the Council appointed under paragraphs (v) and (vi) of Clause (a) above shall hold office for 3 years from the date of his appointment and shall be eligible for re-appointment. 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.
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(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 or herself and in the case of (v) and (vi) by the body represented by the member.
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(d) A casual vacancy, however, occurring in the case of a member appointed under (v) and (vi) may be filled by the body appointed 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.
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(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—
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(a) to contract;
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(b) to acquire, and dispose of movable and immovable property; and
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(c) to institute and defend legal proceedings.
3. Functions and Powers
The functions and the powers of the Council shall be as follows—
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(a) to undertake and discharge general responsibility for the practical professional training of persons seeking to become members of the legal profession;
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(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 post-graduate professional legal training;
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(c) to appoint a Director of Legal Education, one or more Deputy Directors of Legal Education and all necessary staff;
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(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;
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(e) To evaluate courses of study provided by and to accord appropriate recognition of legal qualifications obtained at other institutions;
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(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;
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(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.
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(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 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;
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(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
Director Of Legal Education
The Director 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. The Director may delegate to a Deputy Director any of his functions or powers.
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 1 October 1972 was holder of a University degree or had commenced upon a degree programme other than in law and completed that programme before 1 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
On satisfactory completion by any person of the course of study and professional training at one of the Law Schools established by the Council of Legal Education, he will be awarded by the Council a certificate herein referred to as a Legal Education Certificate.
Articles 5-12 (Repealed by Act 8 of 2007)
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| IN WITNESS THEREOF 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”
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ANTIGUA
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BAHAMAS
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BARBADOS
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BRITISH HONDURAS (BELIZE)
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THE BRITISH VIRGIN ISLANDS
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DOMINICA
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GRENADA
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GUYANA
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JAMAICA
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MONTSERRAT
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ST. KITTS—NEVIS—ANGUILLA
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ST. LUCIA
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ST. VINCENT
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TRINIDAD AND TOBAGO
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THE TURKS AND CAICOS ISLANDS
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THE UNIVERSITY OF THE WEST INDIES
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THE UNIVERSITY OF GUYANA
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PROTOCOL TO PROVIDE FOR THE RESERVATION MADE BY THE GOVERNMENTS OF THE BAHAMAS TO
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PARAGRAPH 1 OF ARTICLES 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 Bahamas shall be able to admit to practise in the Bahamas, person 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 5 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 ARTICLES 5 OF THE AGREEMENT ESTABLISHING THE COUNCIL OF LEGAL EDUCATION.
The contraction 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 Island may, at any time not later than 5 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 5 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.