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Legal Profession Act 1966 PART 2 — SINGAPORE INSTITUTE OF LEGAL EDUCATION

s 3–s 11 · 11 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Establishment of Institute

s 3

Open ↗

3.—(1) A body called the Singapore Institute of Legal Education is established.[8/2011] (2) The Institute is a body corporate with perpetual succession and a common seal, and with powers subject to the provisions of this Act —(a) to sue and be sued in its corporate name; (b) to acquire and dispose of property, both movable and immovable; and (c) to do and perform any other acts that bodies corporate may by law perform.[8/2011]

Functions and powers of Institute

s 4

Open ↗

4.—(1) The functions of the Institute are as follows:(a) to maintain and improve the standards of legal education in Singapore and, in particular, to make recommendations to the appropriate authorities on the training and education required for the qualification of persons as qualified persons and lawyers (NP), and to review the implementation of initiatives, programmes and curricula relating to legal education in Singapore, including diploma, undergraduate and postgraduate programmes, and continuing professional development;[Act 37 of 2023 wef 17/07/2024] (b) to register qualified persons seeking admission as lawyers (NP);[Act 37 of 2023 wef 17/07/2024] (c) to provide for the training, education and examination, by the Institute or by any other body, of —(i) eligible persons intending to practise the profession of law in Singapore; [Act 37 of 2023 wef 17/07/2024] (ia) qualified persons intending to be admitted as lawyers (NP); and[Act 37 of 2023 wef 17/07/2024] (ii) foreign lawyers intending to be registered under section 36B; (d) to exercise supervision over practice trainees during their practice training periods; (e) to exercise supervision over Singapore law practices, qualifying entities and relevant legal officers as regards the supervised training in relation to the practice of Singapore law that is to be provided to a practice trainee during the practice training period;[Act 37 of 2023 wef 17/07/2024] (f) to certify whether any degree conferred by any institution of higher learning in or outside Singapore is a qualification prescribed by any rules made under section 2(2); (g) to grant prizes and scholarships, and to establish and subsidise lectureships in educational institutions, in subjects of study relating to law; (h) to determine the requirements relating to continuing professional development that must be satisfied by —(i) lawyers (NP);[Act 37 of 2023 wef 17/07/2024] (ii) advocates and solicitors; and[Act 37 of 2023 wef 17/07/2024] (iii) foreign lawyers registered under section 36B;[Act 37 of 2023 wef 17/07/2024] (i) to coordinate and exercise supervision over continuing professional development for the legal profession in Singapore, including the provision of courses and materials relating to continuing professional development; (j) to facilitate the development of Singapore as an international centre for legal education.[8/2011; 40/2014] (2) In addition to the powers conferred by the other provisions of this Act, the Institute may —(a) purchase or lease any land or building required for any of the purposes of the Institute; (b) sell, surrender, lease, exchange or mortgage any land or building as may be found most convenient or advantageous; (c) receive grants from the Government or donations and gifts from the Academy, the Society or any other source; (d) borrow money, whether by way of bank overdraft or otherwise, for such of the purposes of the Institute as it may from time to time consider desirable; (e) invest the moneys and funds of the Institute in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; (f) engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment; (g) exercise such powers as may be conferred upon the Institute by this Act or any other written law; and (h) do all things that are necessary, incidental or conducive to carry into effect the functions of the Institute.[8/2011]

Board of Directors of Institute

s 5

Open ↗

5.—(1) The management of the affairs of the Institute and its property is vested in a Board of Directors.[8/2011] (2) The Board of Directors of the Institute may perform all such functions, and exercise all such powers, of the Institute as the Board thinks fit.[8/2011] (3) The Board of Directors of the Institute consists of the following members:(a) the Attorney-General; (b) the president of the Society; (c) the Dean of the Faculty of Law of the National University of Singapore; (d) the Dean of the School of Law of the Singapore Management University; (da) the Dean of the School of Law of the Singapore University of Social Sciences; (e) not less than 8 and not more than 12 other members, all of whom must be appointed by the president of the Academy, after consulting the Senate, for such period and on such terms and conditions as the president of the Academy may determine.[8/2011; 16/2016; 30/2017] (4) The president of the Academy must, after consulting the Senate, appoint the Chairperson of the Institute, from the members of the Board of Directors of the Institute, for such period and on such terms and conditions as the president of the Academy may determine.[8/2011] (5) The Senate may, after consulting the Board of Directors of the Institute, give such directions, not inconsistent with the provisions of this Act, to the Institute as to the performance of the Institute’s functions and the exercise of the Institute’s powers.[8/2011] (6) The Institute must give effect to every direction of the Senate under subsection (5).[8/2011]

Appointment of Dean of Institute, officers and employees

s 6

Open ↗

6.—(1) The Board of Directors of the Institute must, after consulting the president of the Academy, appoint a Dean of the Institute on such terms and conditions as the Board may determine.[8/2011] (2) The Dean of the Institute —(a) is responsible to the Board of Directors of the Institute for the proper administration and management of the functions and affairs of the Institute in accordance with the policy laid down by the Board; and (b) must not be removed from office without the consent of the president of the Academy.[8/2011] (3) The Institute may, from time to time, appoint and employ, on such terms and conditions as the Board of Directors of the Institute may determine, such other officers and employees as may be necessary for the effective performance of the Institute’s functions under this Act or any other written law.[8/2011]

Appointment of committees and delegation

s 7

Open ↗

7.—(1) The Board of Directors of the Institute may appoint, from among the members of the Board or from other persons, such number of committees as the Board thinks fit for purposes which, in the opinion of the Board, would be more expediently carried out or managed by means of such committees.[8/2011] (2) The Board of Directors of the Institute may, subject to such conditions or restrictions as the Board thinks fit, delegate any function or power that may be performed or exercised by the Board under this Act or any other written law, except the power of delegation conferred by this section and the power to make subsidiary legislation, to —(a) the Chairperson of the Institute or any other member of the Board; (b) the Dean of the Institute, or any other officer or employee of the Institute; or (c) any committee appointed under subsection (1).[8/2011] (3) Any function or power delegated under subsection (2) to any person or committee may be performed or exercised by that person or committee in the name and on behalf of the Institute.[8/2011] (4) No delegation under this section prevents the performance or exercise of any function or power by the Board of Directors of the Institute.[8/2011]

Meetings of Board of Directors of Institute

s 8

Open ↗

8.—(1) The Board of Directors of the Institute may meet at such times and places as the Board, or the Chairperson of the Institute, may determine.[8/2011] (2) A member of the Board of Directors of the Institute may participate in a meeting of the Board through such means of communication (such as over the telephone or through a live audio, live video or live television link) as the Board may determine.[8/2011] (3) A member of the Board of Directors of the Institute who participates in a meeting of the Board in accordance with subsection (2) is deemed to be present at the meeting.[8/2011] (4) A majority of the members of the Board of Directors of the Institute constitutes a quorum for any meeting of the Board.[8/2011] (5) All questions arising at any meeting of the Board of Directors of the Institute are to be decided by a majority of the votes of the members present.[8/2011] (6) At any meeting of the Board of Directors of the Institute, the Chairperson of the Institute has a deliberative vote and, in the event of an equality of votes, has a casting vote.[8/2011] (7) The Board of Directors of the Institute may regulate its own procedure and, in particular, the holding of meetings, the notice to be given of meetings, the proceedings thereat and the keeping of minutes and the custody, production and inspection of those minutes.[8/2011] (8) The validity of the proceedings of the Board of Directors of the Institute is not affected by any vacancy among its members or by any irregularity in the appointment of any member.[8/2011]

Passing of resolution of Board of Directors of Institute by written means

s 9

Open ↗

9.—(1) Despite section 8, the Board of Directors of the Institute may pass any resolution of the Board by written means.[8/2011] (2) A resolution of the Board of Directors of the Institute is passed by written means if it has been formally agreed, in such manner as the Board may determine, on any date by a majority of the members of the Board.[8/2011] (3) Any reference in this Act or any other law to a decision of the Board of Directors of the Institute includes a reference to a resolution of the Board passed by written means.[8/2011] (4) Any reference in this Act or any other law to the doing of anything by the Board of Directors of the Institute includes a reference to the passing of a resolution of the Board by written means which authorises the doing of that thing.[8/2011]

Rules relating to legal education, continuing professional development, and admission of lawyers (NP) and of advocates and solicitors

s 10

Open ↗

10.—(1) Subject to the provisions of this Part, Parts 2AA and 2A and section 25(1)(ca), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules for giving effect to this Part, Parts 2AA and 2A and section 25(1)(ca).[8/2011; 3/2012] [Act 37 of 2023 wef 17/07/2024] (2) Without limiting subsection (1), the Board of Directors of the Institute may, after consulting the Minister and the Council, make rules —(a) with respect to the supervised training in relation to the practice of Singapore law which a practice trainee must receive before he or she can be admitted as an advocate and solicitor; (aa) to prescribe the criteria for a qualifying entity for the purpose of providing supervised training to practice trainees and to provide for the approval of entities for that purpose that do not otherwise satisfy the criteria;[Act 37 of 2023 wef 17/07/2024] (b) to prescribe the duration of the practice training period applicable to a practice trainee (including different durations for different classes of practice trainees), and to regulate the manner in which a practice trainee is to serve his or her practice training period; (ba) to provide that a prescribed period is, at the direction of the Board of Directors of the Institute, to be disregarded in determining whether a practice trainee had completed the full training period, because of the occurrence of a prescribed event;[Act 37 of 2023 wef 17/07/2024] (c) to prescribe the courses of instruction which a qualified person must attend and satisfactorily complete before the qualified person can be admitted as a lawyer (NP), the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of a qualified person while attending such a course (including through disciplinary measures for any misconduct);[Act 37 of 2023 wef 17/07/2024] (d) to prescribe the examinations which a qualified person must pass before the qualified person can be admitted as a lawyer (NP) and the conditions for sitting for such an examination, and to regulate the conduct of a qualified person during such an examination (including through disciplinary measures for any misconduct);[Act 37 of 2023 wef 17/07/2024] (da) to prescribe the courses of instruction which an eligible person must attend and satisfactorily complete before the eligible person can be admitted as an advocate and solicitor, the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of an eligible person while attending such a course (including through disciplinary measures for any misconduct);[Act 37 of 2023 wef 17/07/2024] (db) to prescribe the examinations which an eligible person must pass before the eligible person can be admitted as an advocate and solicitor and the conditions for sitting for such an examination, and to regulate the conduct of an eligible person during such an examination (including through disciplinary measures for any misconduct);[Act 37 of 2023 wef 17/07/2024] (dc) to prescribe any other requirements that an eligible person must satisfy before the eligible person can be admitted as an advocate and solicitor, and to regulate the conduct of an eligible person when carrying out such requirements (including through disciplinary measures for any misconduct);[Act 37 of 2023 wef 17/07/2024] (e) to provide for the courses of instruction which a foreign lawyer must attend and satisfactorily complete before the foreign lawyer can be registered under section 36B, including the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of a foreign lawyer while attending such a course (including through disciplinary measures for any misconduct); (f) to provide for the examinations which a foreign lawyer must pass before the foreign lawyer can be registered under section 36B, including the conditions for sitting for such an examination, and to regulate the conduct of a foreign lawyer during such an examination (including through disciplinary measures for any misconduct); (fa) to prescribe the period of validity of each successful completion or pass of a course or examination for the purpose of admission as an advocate and solicitor or a lawyer (NP);[Act 37 of 2023 wef 17/07/2024] (g) to prescribe the procedure by which a qualified person is admitted as a lawyer (NP) of the Supreme Court, or by which an eligible person is admitted as an advocate and solicitor of the Supreme Court;[Act 37 of 2023 wef 17/07/2024] (h) to prescribe the forms to be used and the fees to be paid for the purposes of this Part, Parts 2AA and 2A, section 25(1)(ca) and any rules made under subsection (1) or this subsection;[Act 37 of 2023 wef 17/07/2024] (i) to prescribe the requirements relating to continuing professional development that must be satisfied by lawyers (NP), by advocates and solicitors and by foreign lawyers registered under section 36B (including different requirements for different classes thereof), and the measures which may be taken to verify whether those requirements have been complied with and to enforce compliance with those requirements; and[Act 37 of 2023 wef 17/07/2024] (j) to provide for the waiver of any requirement referred to in paragraph (i), in relation to any lawyer (NP), advocate and solicitor or foreign lawyer referred to in that paragraph, by such person or persons as the Board of Directors of the Institute may appoint.[8/2011; 3/2012; 40/2014; 16/2016] [Act 37 of 2023 wef 17/07/2024] (2A) The Board of Directors of the Institute may, after consulting the Minister, make rules —(a) to provide for the courses mentioned in section 2(3)(c), including the conditions for entry to such a course and the subjects in such a course, and to regulate the conduct of a person while attending such a course (including through disciplinary measures for any misconduct); (b) to provide for the tests and examinations mentioned in section 2(3)(c), including the conditions for sitting for any such test or examination, and to regulate the conduct of a person during any such test or examination (including through disciplinary measures for any misconduct); and (c) to prescribe the forms to be used and the fees to be paid for the purposes of any rules made under this subsection.[16/2016] (3) Disciplinary proceedings may be taken against any lawyer (NP), advocate and solicitor, or foreign lawyer registered under section 36B, who contravenes any rules made under this section.[3/2012; 40/2014] [Act 37 of 2023 wef 17/07/2024]

Protection from personal liability

s 10A

Open ↗

10A. No liability shall be incurred by the Board of Directors of the Institute, the Chairperson of the Institute or any other member of the Board, the Dean of the Institute, or any other officer or employee of the Institute, any committee appointed under section 7(1) or any member of any such committee, or any other person acting under the direction of the Institute, as a result of anything done (including any statement made) or omitted to be done with reasonable care and in good faith in the execution or purported execution of the Institute’s functions under this Act or any other written law.[3/2012]

Extension or abridgment of time

s 10AA

Open ↗

10AA. Without affecting section 18(2) of, and paragraph 7 of the First Schedule to, the Supreme Court of Judicature Act 1969, the court may, at any time and on any terms it thinks just, by order extend or abridge the time prescribed for any thing under any rules made under section 10(2)(g).[Act 37 of 2023 wef 17/07/2024]

Dissolution of Board of Legal Education and transfer to Institute of property, existing contracts, etc.

s 11

Open ↗

11.—(1) As from 3 May 2011, the Board of Legal Education is dissolved, and all movable and immovable property vested in the Board of Legal Education and all assets, interests, rights, privileges, liabilities and obligations of the Board of Legal Education are transferred to and vest in the Institute without further assurance, act or deed.[8/2011] (2) Without affecting subsection (8), all proceedings in respect of the transferred property, assets, interests, rights, privileges, liabilities and obligations by or against the Board of Legal Education which are pending on 3 May 2011 may be continued, completed and enforced by or against the Institute.[8/2011] (3) Every agreement relating to any of the transferred property, assets, interests, rights, privileges, liabilities and obligations to which the Board of Legal Education was a party immediately before 3 May 2011, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if —(a) the Institute had been a party to the agreement; and (b) for every reference to the Board of Legal Education, there was substituted, in respect of anything to be done on or after 3 May 2011, a reference to the Institute.[8/2011] (4) All contracts, agreements, conveyances, deeds, leases, guarantees, bonds, indemnities, instruments, undertakings, schemes and arrangements subsisting immediately before 3 May 2011 to which the Board of Legal Education is a party continue in force on and after that date and are enforceable by or against the Institute as if the Institute had been named therein or had been a party thereto instead of the Board of Legal Education.[8/2011] (5) As from 3 May 2011, all persons who, immediately before that date, were employed by the Board of Legal Education are transferred to the service of the Institute on terms no less favourable than those enjoyed by them immediately prior to their transfer.[8/2011] (6) Where, on 3 May 2011, any disciplinary proceedings were pending against any employee of the Board of Legal Education transferred to the service of the Institute, the proceedings are to be carried on and completed by the Institute.[8/2011] (7) The Institute may reprimand, reduce in rank, retire, dismiss or punish in some other manner any transferred employee who had, while he or she was in the employment of the Board of Legal Education, been guilty of any misconduct or neglect of duty which would have rendered him or her liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if he or she had continued to be in the employment of the Board of Legal Education.[8/2011] (8) Without affecting subsection (2), all proceedings or causes of action pending or existing immediately before 3 May 2011 by or against the Board of Legal Education may be continued, completed and enforced by or against the Institute.[8/2011] (9) As from 3 May 2011, the Institute may issue any certificate or other document which could have been issued by the Board of Legal Education.[8/2011] (10) The operation of this section is not to be regarded —(a) as a breach of contract or confidence or otherwise as a civil wrong; (b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or (c) as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability.[8/2011] (11) The operation of this section is not to be regarded as an event of default under any contract or other legal instrument.[8/2011] (12) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, asset, interest, right, privilege, liability or obligation transferred to the Institute under this section is deemed by this section to have been waived.[8/2011] (13) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Board of Legal Education is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre‑emption rights in respect of any property, asset, interest, right, privilege, liability or obligation to be transferred by reason of or arising from, or to the effect that a default occurs or is deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this section is deemed by this section to have been waived.[8/2011] (14) No attornment to the Institute by a lessee from the Board of Legal Education is required.[8/2011]

Back to Legal Profession Act 1966 — full text

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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