Advocates and
Solicitors (Amendment No. 6) (Jersey)
Law 2016
A LAW to amend further the Advocates
and Solicitors (Jersey) Law 1997
Adopted by the
States 12th July 2016
Sanctioned by
Order of Her Majesty in Council 12th October 2016
Registered by the
Royal Court 21st
October 2016
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law” means
the Advocates and Solicitors (Jersey) Law 1997[1].
2 Amendment
of long title
In the long title of the principal Law –
(a) for
the words “revise and consolidate the Laws” there are substituted
the words “make provision”; and
(b) the
words “and the regulation of the practice of solicitors,” are
deleted.
3 Amendment
of Article 3
In Article 3 of the principal Law –
(a) in paragraph (2)(b)
for the words “3 years” there are substituted the words
“4 years”;
(b) in paragraph (3)(b)(i),
for the words “that when so admitted he or she had passed” there
are substituted the words “that the person has (whether before, on or
after being admitted as a solicitor) passed”;
(c) for
paragraph (3)(b)(ii) there is substituted the following clause –
“(ii) that,
in the period of 6 years immediately preceding the person’s
application for admission to the Bar in accordance with Article 8, the
person has been employed as, or has practised as, a solicitor for a period of,
or periods totalling, 3 years in a relevant office or in more than one
such office.”;
(d) for
paragraphs (4) and (5) there is substituted the following
paragraph –
“(4) This Article is subject to Article 4A.”.
4 Amendment
of Article 4
In Article 4 of the principal Law –
(a) in paragraph (2)(c)
for the words “4 years” there are substituted the words
“6 years”;
(b) for
paragraph (3) there is substituted the following paragraph –
“(3) The requirements are
that –
(a) the person has passed the qualifying
examination;
(b) in the period of 10 years immediately
preceding the person’s application for admission as a solicitor in
accordance with Article 8, the person has been employed for a period of,
or periods totalling, 5 years in a relevant office or in more than one
such office; and
(c) in the period of 4 years immediately
preceding that application, the person has been employed for a period of, or
periods totalling, 2 years in a relevant office or in more than one such
office.”;
(c) for
paragraphs (4), (4A) and (5) there is substituted the following
paragraph –
“(4) This Article is subject to Article 4A.”.
5 Insertion
of Article 4A
After Article 4 of the principal Law there is inserted the
following Article –
“4A Employment
in relevant office for purposes of Articles 3 and 4
(1) This Article applies for the purpose of the
references in Articles 3 and 4 to periods of employment in a relevant
office.
(2) If a person is absent from employment for a
period of more than 6 weeks, the excess over 6 weeks is not to be
treated as a period of employment in a relevant office.
(3) For the purpose of paragraph (2), a
person is not absent from employment if the person is on study leave, being
leave given to enable the person to study the law of Jersey for the qualifying
examination.
(4) A period of employment outside Jersey may
nevertheless be treated as a period of employment in a relevant office
if –
(a) the person was employed for that period in
an advocate’s or solicitor’s office outside Jersey; and
(b) the advocate or solicitor certifies that for
that period the person was engaged predominantly in matters of Jersey law.
(5) If a period of employment outside Jersey, or
the total of any periods of such employment, exceeds 6 months, the excess
over 6 months is not to be treated by virtue of paragraph (4) as a
period of employment in a relevant office.
(6) A reference to employment is to be read as a
reference to employment that is –
(a) employment engaging predominantly in legal
matters; and
(b) full time employment, being employment for
32 hours a week or more.
(7) Notwithstanding paragraph (6)(b), a
period of part time employment, being employment for less than 32 hours a
week, may be counted towards the required period of employment, if that required
period of employment is treated as extended by the amount of time that renders
the period of part time employment equivalent to a period of full time
employment.
(8) For the purpose of paragraph (7) the
“required period of employment” means –
(a) in relation to Article 3(2), the period
of 2 years mentioned in Article 3(2)(b);
(b) in relation to Article 3(3), the period
of 3 years mentioned in Article 3(3)(b)(ii);
(c) in relation to Article 4(2), the period
of 3 years mentioned in Article 4(2)(c); and
(d) in relation to Article 4(3), the period
of 5 years mentioned in Article 4(3)(b) and the period of 2 years
mentioned in Article 4(3)(c).
(9) The Attorney General may extend the window
period if –
(a) the person completed the required period of
employment (within the meaning of paragraph (8));
(b) that required period would not otherwise
fall within the window period; and
(c) the Attorney General is satisfied that there
are exceptional circumstances that would cause undue hardship to the person if
the window period were not extended.
(10) For the purpose of paragraph (9) the
“window period” means –
(a) in relation to Article 3(2), the period
of 4 years mentioned in Article 3(2)(b);
(b) in relation to Article 3(3), the period
of 6 years mentioned in Article 3(3)(b)(ii);
(c) in relation to Article 4(2), the period
of 6 years mentioned in Article 4(2)(c); and
(d) in relation to Article 4(3), the period
of 10 years mentioned in Article 4(3)(b) and the period of 4 years
mentioned in Article 4(3)(c).
(11) Paragraphs (2), (3), (6)(b) and (7) to (10)
apply to the reference in Article 3(3)(b)(ii) to periods of practice as a
solicitor in a relevant office, as they apply to references to periods of
employment in a relevant office.”.
6 Amendment
of Article 9
In Article 9 of the principal Law, for paragraphs (2) to
(4) there are substituted the following paragraphs –
“(2) The Board is to consist of –
(a) the Deputy Bailiff, as the President of the
Board;
(b) the Attorney General;
(c) the Solicitor General;
(d) such advocates and solicitors of the Royal Court
as are for the time being appointed for the purpose by the advocates and
solicitors of the Royal Court generally; and
(e) any persons co-opted under paragraph (5)(b).
(3) Each examination that falls within any of
the sub-paragraphs of paragraph (4) shall be conducted by a panel of
examiners appointed for that particular examination by the Board from among its
members.
(4) The examinations to which paragraph (3)
refers are –
(a) a preliminary examination for which provision
is made under Article 6(5)(a);
(b) a final examination for which provision is
made under that Article; and
(c) a qualifying examination in respect of which
no provision is made under that Article for a preliminary examination and a
final examination.
(5) Rules of Court may provide for –
(a) the constitution of a panel of examiners
appointed under paragraph (3);
(b) the co-option of one or more persons, who
are experienced in the setting and marking of examinations in law (whether or
not they are advocates or solicitors), as non-voting members of the Board;
(c) the appointment of one or more persons,
co-opted under sub-paragraph (b), as advisers to a panel on the setting
and marking of the examination for which that panel is appointed under paragraph (3);
and
(d) such other matters in relation to the
conduct of qualifying examinations as the Royal Court considers necessary or
expedient, including transitional arrangements and savings.”.
7 Insertion
of Article 10
After Article 9 of the principal Law there is inserted the
following Article –
“10 Power
to amend by Regulations
The States may by
Regulations –
(a) amend this Law; and
(b) make such supplementary, incidental,
consequential, transitional or savings provision as appears to the States to be
necessary or expedient for the purposes of that amendment.”.
8 Citation
and commencement
This Law may be cited as the Advocates and Solicitors (Amendment No. 6)
(Jersey) Law 2016 and comes into force on the seventh day after its
registration.
l.-m. hart
Deputy Greffier of the States