COUNCIL OF LEGAL EDUCATION ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Certain provisions of the Agreement given force of law in Jamaica

   4   Minister may amend Schedule

   5   Exemption from income tax and transfer tax

      SCHEDULE

 

THE COUNCIL OF LEGAL EDUCATION ACT

[Date of Commencement: 1st April, 1974]

Acts
7 of 1974,
14 of 1982.

LN 153/1985.

1   Short title

   This Act may be cited as the Council of Legal Education Act.

2   Interpretation

   In this Act-

   "the Agreement" means the Agreement for the establishment of a Council of Legal Education for the Caribbean region the original of which Agreement is deposited with the Secretary-General of the Commonwealth Caribbean Regional Secretariat and of which the text of the Articles is set out in the Schedule to this Act;

   "Minister" means the Minister for the time being charged with responsibility for legal education.

3   Certain provisions of the Agreement given force of law in Jamaica

   The provisions of clause 2 (legal status) of Article 1, Articles 5 and 6 and clause 6 (exemptions from taxation) of Article 9 of the Agreement shall have the force of law in Jamaica.

[14/1982 s 2(a); LN 153/1985.]

4   Minister may amend Schedule

   (1) Where any amendment of the Agreement is accepted by the Government, the Minister may by order amend the Schedule to this Act for the purpose of including therein the amendment so accepted.

   (2) Any order made under this section may contain such consequential, supplemental or ancillary provisions as appear to the Minister to be necessary or expedient for the purpose of giving effect to the said amendment and, without prejudice to the generality of the foregoing, may contain provisions amending references in this Act to specific provisions of the Agreement.

   (3) Where the Schedule to this Act is amended pursuant to this section, any reference in this Act or in any other enactment or any instrument having effect under any such enactment to the Agreement shall, unless the context otherwise requires, be construed as a reference to the Agreement as so amended.

5   Exemption from income tax and transfer tax

   (1) The Council of Legal Education shall be exempt from income tax.

   (2) Notwithstanding anything to the contrary contained in any enactment, any deed, agreement, instrument, insurance policy, writing or receipt relating to any loan made to or by the Council under this Act shall be exempt from stamp duty and recording and registration fees.

   (3) There shall be exempt from taxation under the Transfer Tax Act, any transfer by the Council of property belonging to it or of any right or interest created in, over or otherwise with respect to any such property.

SCHEDULE

(Sections 2 and 4)

Agreement establishing the Council of Legal Education

   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 me 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:-

   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, 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 need 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

   (a)   The Council shall consist of:

         (i)   The Dean of the Faculty of Law of the University of the West Indies and another member of the faculty nominated by him;

         (ii)   The Principals of the Law Schools:

[LN 153/1985.]

         (iii)   The Head of the Judiciary of each participating territory;

         (iv)   The Attorney-General of each participating territory;

         (v)   From each of the four participating territories in which there are now two 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 two branches of the profession at any time becoming fused in any such territory two members of the fused profession nominated by their appropriate professional body;

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