Search within Legislation

Search Results

No. S 784

Legal Profession Act

(CHAPTER 161)

Legal Profession
(Continuing Professional Development)
(Amendment) Rules 2014

In exercise of the powers conferred by section 10(1) and (2) of the Legal Profession Act, the Board of Directors of the Singapore Institute of Legal Education, after consulting the Minister for Law and the Council of the Law Society of Singapore, hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Legal Profession (Continuing Professional Development) (Amendment) Rules 2014 and shall come into operation on 1 January 2015.

Amendment of rule 2

2. Rule 2 of the Legal Profession (Continuing Professional Development) Rules 2012 (G.N. No. S 115/2012) (referred to in these Rules as the principal Rules) is amended —

(a)

by deleting paragraph (a) of the definition of “CPD activity” and substituting the following paragraph:

“(a)	contributes to the continuing professional development of a solicitor undertaking the activity; and”;

(b)

by inserting, immediately after the definition of “practice year”, the following definition:

“ “pro bono programme for law students” means a programme —

(a)	in which law students in the Faculty of Law of the National University of Singapore, or in the School of Law of the Singapore Management University, must participate in order to graduate; and
(b)	for which any services performed by a solicitor are not provided for or in expectation of any fee, gain or reward;”; and

(c)

by deleting the words “2nd January 2007” in the definition of “relevant solicitor” and substituting the words “2 January 2000”.

Amendment of rule 3

3. Rule 3 of the principal Rules is amended —

(a)

by deleting sub-paragraphs (a) and (b) of paragraph (1) and substituting the following sub-paragraphs:

“(a)

attending, or reviewing a recording of, any conference, lecture, seminar, workshop or discussion group that satisfies —

(i)	the requirements under paragraphs (2) and (3); or
(ii)	the requirements under paragraphs (2A) and (3);

(b)

reviewing any multimedia, Internet-based, audio-visual, audio or video programme or material that satisfies —

(i)	the requirements under paragraph (2); or
(ii)	the requirements under paragraph (2A);”;

(b)

by deleting the full-stop at the end of paragraph (1)(c)(ii) and substituting a semi-colon;

(c)

by inserting, immediately after sub-paragraph (c) of paragraph (1), the following sub-paragraphs:

“(d)	teaching in, or acting as a subject-coordinator or an examiner for, any course or programme of the Institute that the Institute may specify in any guidelines issued under rule 14, or that the Accreditation Committee may approve on a case by case basis;
(e)	serving as a member of any committee, sub-committee, working party or advisory panel of the Academy, the Institute or the Society, in accordance with any guidelines issued under rule 14;
(f)	performing services for a pro bono programme for law students, in accordance with any guidelines issued under rule 14; or
(g)	in the case of a relevant solicitor of not less than 5 years’ standing on 1 January in any calendar year, speaking, teaching or participating in a panel discussion, during that calendar year, in any conference, lecture, seminar or workshop that satisfies the requirements under paragraphs (3) and (4A).”;

(d)

by deleting the words “paragraph (1)(a)” in paragraph (2) and substituting the words “paragraph (1)(a)(i)”;

(e)

by deleting the words “paragraph (1)(b)” in paragraph (2) and substituting the words “paragraph (1)(b)(i)”;

(f)

by inserting, immediately after paragraph (2), the following paragraph:

“(2A) Every conference, lecture, seminar, workshop or discussion group referred to in paragraph (1)(a)(ii), or multimedia, Internet-based, audio-visual, audio or video programme or material referred to in paragraph (1)(b)(ii), to which a CPD activity relates shall —

(a)

comprise significant intellectual or practical content; and

(b)

deal primarily with, and seek to extend the knowledge or skill of a solicitor undertaking the CPD activity in, at least one of the following areas:

(i)	financial literacy;
(ii)	information technology and computer literacy;
(iii)	office productivity and management skills;
(iv)	presentation and communication skills;
(v)	personal management and development skills;
(vi)	any non-legal specialist knowledge relevant to the solicitor’s practice needs.”;

(g)

by inserting, immediately after the words “paragraph (1)(a)” in paragraph (3), the words “or (g)”;

(h)

by inserting, immediately after paragraph (4), the following paragraph:

“(4A) Every conference, lecture, seminar or workshop referred to in paragraph (1)(g) shall —

(a)	deal primarily with matters relating to the practice of law;
(b)	comprise significant intellectual or practical content; and
(c)	seek to extend the knowledge or skill of a solicitor attending the conference, lecture, seminar or workshop in one or more areas that are relevant to the solicitor’s practice needs.”; and

(i)

by deleting “(4)” in paragraph (5) and substituting “(4A)”.

Amendment of rule 4

4. Rule 4(1) of the principal Rules is amended by inserting, immediately after sub-paragraph (d), the following sub-paragraph:

“(da)

to propose guidelines specifying, and to approve on a case by case basis, any course or programme of the Institute referred to in rule 3(1)(d);”.

New rule 4A

5. The principal Rules are amended by inserting, immediately after rule 4, the following rule:

“Accreditation by Director

4A. Without prejudice to rule 4, the Director may —

(a)	accredit any CPD activity for which up to 2 CPD points may be obtained by undertaking that activity; and
(b)	authorise any person to organise or administer any accredited CPD activity for which up to 2 CPD points may be obtained by undertaking that activity.”.

Amendment of rule 5

6. Rule 5(1) of the principal Rules is amended by inserting, immediately after the word “determine” in sub-paragraph (d), the words “and implement”.

Deletion and substitution of rule 9

7. Rule 9 of the principal Rules is deleted and the following rule substituted therefor:

“Undertaking of CPD activities

9. Every relevant solicitor who, on 1 January in any calendar year, is of the number of years’ standing specified in the first column of the Schedule, and who in that calendar year has in force a practising certificate for any period specified in the second column of the Schedule, shall —

(a)

undertake in that calendar year, in accordance with any guidelines issued under rule 14, such CPD activities as the Institute may designate as mandatory CPD activities in those guidelines; and

(b)

obtain —

(i)	from all CPD activities undertaken by him in that calendar year, at least the number of CPD points specified in the third column of the Schedule; and
(ii)	from all accredited CPD activities undertaken by him in that calendar year, at least the number of CPD points specified in the fourth column of the Schedule.”.

Amendment of rule 12

8. Rule 12 of the principal Rules is amended —

(a)

by deleting the words “recommend that the Institute” in paragraph (6)(a); and

(b)

by deleting paragraph (7) and substituting the following paragraph:

“(7) Where the Compliance Committee has issued a written notice under paragraph (6)(a) to a relevant solicitor, the solicitor shall comply with the requirements specified in the notice within such period as may be specified in the notice.”.

Amendment of rule 14

9. Rule 14(3) of the principal Rules is amended by inserting, immediately after sub-paragraph (b), the following sub-paragraph:

“(ba)

specify any course or programme of the Institute referred to in rule 3(1)(d);”.

Deletion and substitution of Schedule

10. The Schedule to the principal Rules is deleted and the following Schedule substituted therefor:

“THE SCHEDULE

Rule 9

Undertaking of CPD activities

First column

Second column

Third column

Fourth column

Number of years’ standing on 1 January in calendar year

Period in calendar year when practising certificate was in force

Minimum number of CPD points from all CPD activities

Minimum number of CPD points from accredited CPD activities

1.	Less than 5

(a)	more than 8 months

(b)	more than 5 months up to 8 months

(c)	5 months or less

5 to 15

(a)	more than 8 months

(b)	more than 5 months up to 8 months

(c)	5 months or less

”.

Made on 28 November 2014.

V K RAJAH SC

Chairman,
Singapore Institute of Legal Education.

[SILE/2014/10/CPD; AG/LLRD/SL/161/2010/10 Vol. 1]

(To be presented to Parliament under section 131 of the Legal Profession Act).