The
Law Society of Jersey (Amendment No. 4) Law 2017
A LAW to amend further The Law
Society of Jersey Law 2005
Adopted
by the States 2nd May 2017
Sanctioned by
Order of Her Majesty in Council 19th July 2017
Registered by the Royal Court 28th July 2017
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 The Law Society of Jersey Law 2005
amended
The Law Society of Jersey Law 2005[1] is amended in accordance
with this Law, and a reference to an Article is to the Article of that number
in The Law Society of Jersey Law 2005[2].
2 Preamble of The Law
Society of Jersey Law 2005 amended
In the preamble of The Law Society of Jersey Law 2005[3] for the words “and for the
disciplinary control of advocates and solicitors of the Royal Court;” there are
substituted the words “; to provide for the recognition of legal services
bodies; and for the disciplinary control of advocates and solicitors of the
Royal Court and of legal services bodies;”.
3 Article 1 amended
In Article 1(1) –
(a) in the definition
“bye-laws”, after the words “Article 16” there are inserted the words “or 17A”;
(b) after the definition
“bye-laws” there are inserted the following definitions –
“ ‘case delegate’ means
the person appointed under Article 21(3)(f)(iii);
‘chairman of the disciplinary
panel’ means a person appointed under Article 18(7);
‘Code of Conduct’ means the
code of professional conduct which applies to practitioners and legal services
bodies, adopted under the bye-laws, as amended or replaced from time to time;”;
(c) after the definition
“Committee member” there are inserted the following definitions –
“ ‘complaint’ shall be
construed in accordance with Article 21(1);
‘complainant’ means a person
who makes a complaint;”;
(d) in the definition
“disciplinary committee” for the words “Article 21(1)” there are
substituted the words “Article 21(3)(f)(i)”;
(e) after the definition
“disciplinary panel” there is inserted the following definition –
“ ‘incorporated limited
partnership’ means an incorporated limited partnership established in
accordance with the Incorporated Limited Partnerships (Jersey) Law 2011[4];”;
(f) after the definitions
“Law Society” and “Society” there are inserted the following definitions –
“ ‘legal services’ means
such professional services as may be provided by practitioners by virtue of being
qualified as a solicitor or advocate;
‘legal services body’ means a
body recognized as such under Part 2A;
‘Librarian’ means the officer
referred to in Article 10(2)(d) who may also be known as the ‘Development
Officer’;
‘limited liability
partnership’ means a limited liability partnership registered under the Limited
Liability Partnerships (Jersey) Law 1997[5];
‘No. 4 Amendment Law’
means The Law Society of Jersey (Amendment No. 4) Law 2017[6];”;
(g) after the definition
“President” there are inserted the following definitions –
“ ‘professional
misconduct’ means –
(a) a breach, by a practitioner or legal services body, of any
principle or rule set out in the Code of Conduct;
(b) conduct of which a practitioner or legal services body is guilty
under Article 30(3) by reason of contravening Article 30(1) or (1A);
or
(c) such conduct (other than misconduct referred to in paragraph (a)
or (b)) which, in the opinion of the Royal Court, falls below the standard of
conduct expected of practitioners or legal services bodies, as the case may be;
‘separate limited partnership’
means a separate limited partnership established in accordance with the
Separate Limited Partnerships (Jersey) Law 2011[7];”;
(h) after Article 1(2)
there are added the following paragraphs –
“(3) For the purposes of Part 3, the expression ‘the complaint is
proved’, means the complaint is proved, on the balance of probabilities, to
constitute professional misconduct by the practitioner or legal services body who
is the subject of the complaint.
(4) The Chief Minister may by Order amend the definition ‘limited
liability partnership’.”.
4 Article 8 amended
In Article 8(b), after the word “practitioners” there are
inserted the words “and legal services bodies”.
5 Article 16 amended
In Article 16 –
(a) in paragraph (5),
after the word “practitioners” in both places where it appears, there are
inserted the words “or legal services bodies”;
(b) in paragraph (7)
after the word “Society” there are inserted the words “and each legal services
body”.
6 Article 17 amended
In Article 17, after
the words “Article 16” there are inserted the words “and 17A”.
7 Insertion of Part 2A of The Law Society of
Jersey Law 2005
After Article 17
there is inserted the following Part –
“PART 2A
LEGAL SERVICES BODIES
17A Recognition
of legal services bodies
(1) The Law Society may make bye-laws prescribing the circumstances
in which a limited liability partnership, or any other body that the Minister
may prescribe by Order, may be recognized by the Law Society as a legal
services body.
(2) Articles 2 and 3 of the Loi (1961) sur l’exercice de la
profession de droit à Jersey[8] shall not apply to a body
that is recognized as a legal services body by the Law Society.
(3) Bye-laws made under paragraph (1) may –
(a) prescribe the legal services that may be provided by a legal
services body;
(b) make provision as to the management and control of a legal
services body;
(c) prescribe the requirements which (subject to any exceptions
provided in the bye-laws) must at all times be satisfied by a legal services
body so recognized if it is to remain so recognized; and
(d) regulate the conduct of the business of legal services bodies.
(4) Except as otherwise permitted in Regulations made by the States
under Regulation 17B, bye-laws made under paragraph (1) –
(a) must not recognize a limited liability partnership as a legal
services body unless all of its partners are practitioners;
(b) must not permit a limited liability partnership that is a legal
services body to undertake any business other than the provision of legal
services or any activity other than one which is ancillary or incidental to the
provision of legal services.
(5) Bye-laws made under paragraph (1) may make provision –
(a) for the manner and form in which applications for recognition as
a legal services body, or for the renewal of such recognition, must be made,
and requiring such applications to be accompanied by a fee of such amount as
the Law Society may prescribe;
(b) for the manner and form in which other applications under the
bye-laws are to be made, and requiring such applications to be accompanied by a
fee of such amount as the Law Society may prescribe;
(c) requiring legal services bodies to pay periodical fees of such
amount as the Law Society may prescribe;
(d) for regulating the name that may be used by a legal services body
(provided that the name must not be inconsistent with the requirements of any
other law in Jersey);
(e) about the time when any recognition, or renewal of recognition,
takes effect and the period for which it is (subject to the provisions made by
or under this Part) to remain in force;
(f) for requiring a legal services body, or a partner, secretary,
director or other officer of a legal services body, to notify the Law Society
where the legal services body no longer satisfies any requirement for it to remain
a legal services body;
(g) for the suspension or revocation of any such recognition, on
such grounds and in such circumstances as may be prescribed in the bye-laws;
(h) about the effect on the recognition of a legal services body of
any change in the membership of the body, including provision for the body’s
recognition to be transferred to another body;
(i) for the keeping by the Law Society of a register containing the
names and places of business of all bodies which are for the time being recognized
as legal services bodies and such other information relating to those bodies as
may be specified in the bye-laws;
(j) for information (or information of a specified description) on
such a register to be made available to the public, including provision about
the manner in which, and times at which, information is to be made so
available;
(k) for bye-laws to have effect in relation to legal services bodies
with such additions, omissions or other modifications as appear to the Law
Society to be necessary or expedient;
(l) requiring legal services bodies to appoint a person or persons
to monitor compliance, by the legal services body, with requirements imposed on
it under this Law or any bye-laws applicable to it by virtue of this Article;
(m) for the manner of service on legal services bodies of documents
authorized or required to be served on such bodies under this Law.
(6) Bye-laws made under paragraph (1) may make provision for
appeals to the Royal Court against decisions made by the Law Society under the
bye-laws to suspend or revoke the recognition as a legal services body or any
bye-laws relating to a legal services body.
(7) Where the Law Society decides to recognize a body as a legal
services body under this Article it may, if the Society considers that it is in
the public interest to do so, grant that recognition subject to such conditions
as may be prescribed under bye-laws made under paragraph (1).
(8) Conditions imposed under paragraph (7) may include
provisions that –
(a) require the legal services body to take specified steps that
will, in the opinion of the Law Society, be conducive to that legal services body
carrying out its business and providing legal services efficiently; and
(b) prohibit the legal services body from taking any specified steps
without the approval of the Law Society.
(9) Bye-laws made under paragraph (1) may make provision about
when conditions imposed under this Article take effect (including provision
conferring power on the Law Society to direct that a condition is not to have
effect until the conclusion of any appeal in relation to it).
(10) A certificate signed by an officer of the Law Society which
states that any body is or is not, or was or was not at any time, a legal
services body shall, unless the contrary is proved, be evidence of the facts
stated in the certificate; and a certificate purporting to be so signed shall
be taken to have been so signed unless the contrary is proved.
(11) This Article is subject to Article 17.
17B Regulations:
legal services bodies
The States may by Regulations
provide for any enactment (including this Law) to have effect in relation to
legal services bodies with such additions, omissions or other modifications as
appear to the States to be necessary or expedient.
17C Offences:
pretending to be a legal services body
(1) A body that describes itself or holds itself out as a legal
services body for the time being recognized as such under Article 17A,
unless it is so recognized, shall be guilty of an offence and liable to a fine.
(2) This paragraph applies where an offence under this Part by a
body corporate, a limited liability partnership or any other partnership with
separate legal personality is proved –
(a) to have been committed with the consent or connivance of a
person mentioned in paragraph (3); or
(b) to be attributable to any neglect on the part of a person
mentioned in paragraph (3).
(3) The persons to whom paragraph (2) refers are –
(a) in the case of an incorporated limited partnership, a general
partner or a limited partner who is participating in the management of the
partnership;
(b) in the case of any other body corporate, a director, manager or
other similar officer of the body corporate;
(c) in the case of a limited liability partnership, a partner;
(d) in the case of a separate limited partnership or any
partnership, with a separate legal personality except a limited liability
partnership, a general partner or a limited partner who is participating in the
management of the partnership; or
(e) in any case, any other person purporting to act in a capacity
described in any of sub-paragraphs (a), (b), (c) and (d).
(4) Where paragraph (2) applies, the person shall also be
guilty of the offence and liable to the penalty provided for that offence in
the same manner as the incorporated limited partnership, other body corporate,
limited liability partnership, separate limited partnership or other
partnership with separate legal personality.
(5) Where the affairs of a body corporate are managed by its
members, paragraphs (2) and (4) shall apply in relation to acts and
defaults of a member in connection with that member’s functions of management
as if the member were a director of the body corporate.”.
8 Article 18 amended
After Article 18(6) there are added the following paragraphs –
“(7) The Committee shall, from amongst the disciplinary panel’s lay
members, appoint one of those members to be the disciplinary panel’s chairman for
such period not exceeding 24 months as the Committee shall determine.
(8) The disciplinary panel’s chairman is eligible for re-appointment
on the expiry of the period determined by the Committee under paragraph (7)
provided that the period of re-appointment does not exceed 24 months.
(9) Any period of appointment or re-appointment under paragraph (7)
or (8) must, in any event, not exceed the remaining period of the member’s
term of office as a member of the disciplinary panel.”.
9 Article 19 amended
In Article 19(4)(g), after the words “on grounds of” there is
inserted the word “professional”.
10 Article 19A inserted
After Article 19 there is inserted the following Article –
“19A Reports
to the disciplinary panel about complaints of professional misconduct
(1) Every 3 months the President shall arrange for the
submission to the chairman of the disciplinary panel, a report setting
out the number of –
(a) new complaints received in the 3 month period immediately
before the submission of the report;
(b) complaints that were either dismissed or referred to a
disciplinary committee in the 3 month period immediately before the
submission of the report; and
(c) ongoing complaints previously reported.
(2) In the case of complaints that are dismissed, the report shall
state the reasons for the dismissal.”.
11 Article 20 amended
In Article 20(1), for the words “Article 21(1)” there are
substituted the words “Article 21(3)(f)(i)”.
12 Article 21
substituted
For Article 21 there is substituted the following Article –
“21 Action
on receipt of complaint of professional misconduct
(1) Any person may make a complaint to the Law Society alleging that
a practitioner or legal services body, as the case may be, is guilty of
professional misconduct.
(2) A complaint must be made not more than 12 months after the
last of the events giving rise to the complaint, unless the President is
satisfied that exceptional circumstances exist which justify the complaint
being made after the expiry of that period.
(3) If the Law Society receives a complaint alleging that a
practitioner or legal services body is guilty of professional misconduct, the
President shall promptly take the following action –
(a) if the complaint is not made in writing, the President
shall –
(i) require
the complainant to submit it in writing, or
(ii) having
regard to the complainant’s circumstances, arrange for the complaint to be
submitted in writing on the complainant’s behalf;
(b) for the purposes of determining whether or not the complaint
establishes a prima facie case of professional
misconduct, the President may cause an investigation to be undertaken in
accordance with Article 21A;
(c) the President shall dismiss a complaint if he or she is
satisfied that no prima facie case of
professional misconduct is established, or the complaint is vexatious,
frivolous or trivial;
(d) where the President dismisses a complaint he or she shall inform
the complainant, the practitioner or legal services body, as the case may be,
and the Attorney General in writing of the decision, stating the reasons for
the dismissal;
(e) if the President is satisfied that a prima
facie case of professional misconduct is established, he or she shall,
on behalf of the Law Society, cause a written statement of complaint to be
prepared which –
(i) shall
fully set out details of the alleged professional misconduct,
(ii) may
include additional information arising from any investigation under Article 21A
or information which did not form part of the complaint as originally made, and
(iii) shall
be copied and sent to the practitioner or legal services body in question;
(f) the President shall –
(i) select
from the disciplinary panel a disciplinary committee consisting of 2 persons
who are lay members of the disciplinary panel and one person who is an ordinary
member of the Society who shall act as the chairman of the disciplinary
committee,
(ii) refer
the complaint to that disciplinary committee,
(iii) subject
to paragraphs (4) and (5), appoint a case delegate to present the
complaint to the disciplinary committee, and
(iv) send
a copy of the statement of complaint to the Attorney General.
(4) The case delegate must be an ordinary member or any other class
of member specified under the bye-laws.
(5) A person appointed under paragraph (7) may, if the
President thinks fit, be appointed as the case delegate if that person is a
member of the Law Society as required under paragraph (4).
(6) The reasonable costs of the case delegate shall be met out of
funds provided by the Law Society.
(7) The President may, as he or she thinks fit, appoint any person,
regardless of whether or not that person is a practitioner, to assist the
President in carrying out any of the actions required under paragraph (3)(a),
(c), (d) or (e).
(8) The reasonable costs of the person appointed under paragraph (7)
shall be met out of funds provided by the Law Society.
(9) If the President is, for any reason, unable to discharge his or
her functions under this Part, he or she shall delegate those functions to
another Committee member.”.
13 Article 21A inserted
After Article 21 there is inserted the following Article –
“21A Investigation
of complaint
(1) For the purposes of investigating a complaint against a
practitioner or legal services body, as the case may be, the President may –
(a) require the practitioner in question or a member of his or her
firm, or the legal services body to produce or deliver to the President any
relevant documents in the practitioner’s or legal services body’s custody or
control, and the President may retain possession of those documents until his
or her investigation and any disciplinary proceedings that arise from the
investigation are completed;
(b) conduct interviews with the complainant, practitioner or legal
services body, as the case may be, or any other person whom the President
considers may assist the course of the investigation.
(2) A person who, without lawful excuse, fails to comply with the President’s
requirement under paragraph (1)(a) shall be guilty of an offence and
liable to a fine.
(3) This Article does not limit –
(a) a right to decline to produce or deliver a document to the
President or be interviewed on the ground of legal professional privilege; or
(b) the rule against self-incrimination.
(4) The President shall not use –
(a) a document obtained under paragraph (1)(a); or
(b) any information obtained in consequence of the production or
delivery of that document or in consequence of an interview under paragraph (1)(b),
for any purpose other than
for the purposes of the investigation of the complaint, or any disciplinary or
criminal proceedings that arise from the complaint.
(5) For the purposes of this Article, the expression ‘President’
shall be taken to include a person appointed to conduct the investigation on
the President’s behalf.”.
14 Articles 22 and 23 substituted
For Articles 22 and 23 there are substituted the following
Articles –
“22 Procedure
and conduct of proceedings before a disciplinary committee
(1) When, under Article 21(3)(f)(ii), the President refers a
complaint to a disciplinary committee, that complaint shall be conducted in the
name of the Law Society and that committee shall action the matter promptly.
(2) The disciplinary committee shall –
(a) sit in private;
(b) allow the case delegate, the practitioner or legal services body,
as the case may be, to make representations, call evidence and cross-examine
witnesses;
(c) allow the complainant to be present; and
(d) allow the Attorney General to make representations.
(3) The disciplinary committee may, by notice in writing signed by
the chairman, require a person –
(a) to attend and give evidence before it in a matter on which it is
proceeding; and
(b) to produce to it any documents in the person’s custody or
control that relate to the subject matter of the proceedings.
(4) The disciplinary committee may require a person to give evidence
on oath or under affirmation, and for that purpose any member of the
disciplinary committee may administer an oath or take an affirmation.
(5) A person who without lawful excuse –
(a) fails to comply with a requirement made by a disciplinary
committee under paragraph (3); or
(b) on being required to do so under paragraph (4), refuses to
take an oath or make an affirmation, or to give evidence,
shall be guilty of an offence
and liable to a fine.
(6) The disciplinary committee may issue such directions as it
considers necessary to facilitate the fair conduct of the proceedings including
directions concerning the adducing of evidence alleging professional misconduct
which is not set out in the statement of complaint.
(7) A person giving evidence (on oath or otherwise), or appearing
before a disciplinary committee, shall have the same privileges and immunities
as if he or she were giving evidence in or appearing before a court of law.
(8) Subject to paragraph (9), a person who is required to
attend and give evidence before a disciplinary committee, or to produce or
deliver a document to it, shall be reimbursed by the Law Society for his or her
reasonable expenses (including loss of earnings) in doing so.
(9) Paragraph (8) does not apply to the practitioner or legal
services body who is the subject of the complaint.
(10) The disciplinary committee may, at any time, and if it thinks fit
to do so, adjourn the proceedings and refer the complaint to the Attorney
General.
23 Determination
of complaint by a disciplinary committee
(1) The disciplinary committee shall, at the conclusion of the complaint
proceedings, determine the matter –
(a) by dismissing the complaint;
(b) if the committee is satisfied that the complaint is proved –
(i) and
is satisfied that it can be dealt with by applying one of the penalties specified
in paragraph (2), by so dealing with it,
(ii) but
is not satisfied that any of the penalties specified in paragraph (2) are
adequate, by referring it to the Attorney General; or
(c) by referring the complaint to the Attorney General without
making a finding.
(2) For the purposes of paragraph (1)(b)(i), the disciplinary
committee may in respect of the practitioner or legal services body, as the case
may be –
(a) issue a private rebuke or a public reprimand;
(b) impose a fine of up to £10,000; or
(c) impose a fine of up to £10,000 and issue a public reprimand.
(3) The disciplinary committee shall inform the practitioner or legal
services body, as the case may be, and the President in writing of its decision
and reasons, but subject to paragraph (6), it shall not publish them in
any other way.
(4) The President may inform the complainant, in writing, of the
disciplinary committee’s decision.
(5) There shall be a right of appeal, in accordance with Article 24,
against a decision of the disciplinary committee determined under paragraph (1)(a)
or (b).
(6) Subject to paragraphs (7) and (8), the disciplinary committee
is required to publish without delay, on the Society’s website, its decision
and reasons for finding the complaint proved and disposable under paragraphs (1)(b)(i)
and (2).
(7) The disciplinary committee shall not publish its decision and
reasons –
(i) privately
rebukes the practitioner or legal services body, as the case may be, or
(ii) dismisses
the complaint or refers it to the Attorney General,
regardless of whether or not that
decision is later upheld or rejected by the Royal Court further to an appeal brought
under Article 24(1); or
(i) the
expiry of the period in which an appeal must be lodged under Article 24(2),
(ii) the
abandonment of any appeal brought under Article 24(1), or
(iii) a
determination of the Royal Court to reject any such appeal (subject to sub-paragraph (a)).
(8) Where in relation to an appeal the Royal Court makes a
determination under Article 24(5), the disciplinary committee shall
publish its decision and reasons in accordance with paragraph (6) but
shall publish the substituted penalty applied by the Royal Court.”.
15 Article 24 amended
In Article 24 –
(a) for paragraph (1) there
is substituted the following paragraph –
“(1) The following persons shall have a right of appeal to the Royal
Court under this Law –
(a) the President or the Attorney General, against a decision of a
disciplinary committee either to dismiss the complaint or in respect of a
penalty applied under Article 23(2); and
(b) the practitioner or legal services body, against a decision of a
disciplinary committee that the complaint is proved or in respect of a penalty
applied under Article 23(2).”;
(b) in paragraph (2),
for the words “Article 23(2)”, there are substituted the words “Article 23(3)”;
(c) for paragraphs (3),
(4) and (5) there are substituted the following paragraphs –
“(3) On hearing the appeal, the Royal Court may –
(a) reject or uphold the decision of the disciplinary committee; or
(b) remit the matter to the disciplinary committee for
re-determination, and
make such order as to the
costs of the proceedings before the Royal Court as it thinks fit.
(4) If the Royal Court rejects the disciplinary committee’s decision
to dismiss a complaint because the Court is satisfied that the complaint is
proved, it may deal with the practitioner or legal services body, as the case
may be, by applying one of the following penalties –
(a) by issuing a private rebuke or a public reprimand;
(b) by imposing a fine of any amount;
(c) by imposing a fine of any amount and issuing a public reprimand;
(d) by suspending the practitioner from practice as an advocate or
solicitor for a specified period not exceeding 12 months;
(e) by suspending the legal services body from operating as such for
a specified period not exceeding 12 months;
(f) by ordering that the practitioner’s name be removed from the
roll of advocates or solicitors, as the case may be; or
(g) by ordering that the legal services body be removed from the
register of legal services bodies (if any).
(5) If the Royal Court upholds the disciplinary committee’s finding
that the complaint is proved but the Court is of the opinion that the penalty
applied by the committee under Article 23(2) is not appropriate in the
circumstances, the Court may, under paragraph (4), apply such penalty as
it considers appropriate.”;
(d) in paragraph (6) for
the words “The practitioner and the Attorney General, but not the complainant”
there are substituted the words “The practitioner or legal services body, as
the case may be, and the Attorney General”.
16 Article 25
substituted
For Article 25 there is substituted the following
Article –
“25 Reference
of complaint by Attorney General to the Royal Court
The Attorney General may
refer to the Royal Court –
(a) a complaint which the President has dismissed under Article 21(3)(c);
(b) a complaint referred to the Attorney General under Article 22(10)
or Article 23(1)(b)(ii) or (c).”.
17 Article 26 amended
In Article 26 –
(a) for paragraph (1)
there is substituted the following paragraph –
“(1) If the Attorney General refers a complaint to the Royal Court,
the Court shall only hold a hearing in respect of a complaint where Article 21(3)(c),
22(10) or 23(1)(c) applies.”;
(b) in paragraph (3),
after the word “practitioner” there are inserted the words “or legal services
body, as the case may be,”;
(c) for paragraphs (5)
to (10) there are substituted the following paragraphs –
“(5) On hearing the complaint, the Royal Court may –
(a) dismiss the complaint;
(b) if it is satisfied that the complaint is proved, apply one of
the penalties specified in paragraph (6); or
(c) remit the matter to the disciplinary committee for
re-determination or determination, as the case may be, and
make such order as to the
costs of the proceedings before the Royal Court as it thinks fit.
(6) For the purposes of paragraph (5)(b) or where the complaint
is a referral in respect of which Article 23(1)(b)(ii) applies, the Royal
Court may in respect of the practitioner or legal services body, as the case
may be –
(a) issue a private rebuke or a public reprimand;
(b) impose a fine of any amount;
(c) impose a fine of any amount and issue a public reprimand;
(d) suspend the practitioner from practice as an advocate or
solicitor for a specified period not exceeding 12 months;
(e) suspend the legal services body from operating as such for a specified
period not exceeding 12 months;
(f) order that the practitioner’s name be removed from the roll of
advocates or solicitors, as the case may be; or
(g) order that the legal services body be removed from the register
of legal services bodies (if any).
(7) However, where the Royal Court determines a referral in respect
of which Article 23(1)(b)(ii) applies, the Court shall not apply a penalty
under paragraph (6) until –
(a) the expiry of the period in which an appeal (under Article 24(1)(b)
against a decision that the complaint is proved) must be lodged under Article 24(2);
(b) the abandonment of any such appeal; or
(c) a determination of the Royal Court to reject that appeal,
whichever occurs first.
(8) The practitioner or legal services body, as the case may be, and
the Attorney General shall have a right of appeal to the Court of Appeal
against a decision or order of the Royal Court under this Article.”.
18 Articles 27 and 28
repealed
Articles 27 and 28 are repealed.
19 Article 29 substituted
For Article 29, there is substituted the following
Article –
“29 Recovery
of fines and costs
Any fine imposed on a
practitioner or legal services body under –
(a) Article 23(2) shall constitute a debt due and payable to
the Law Society; or
(b) Article 24(4) or 26(6), or costs that are awarded to the
Attorney General under this Part, shall constitute a debt due and payable to
the States, and shall be enforceable by the Treasurer of the States in the same
manner as an order for the payment of costs made by the Royal Court in a civil
case.”.
20 Article 30 amended
In Article 30 –
(a) in paragraph (1)(a),
after the words “on grounds of”, there is inserted the word “professional”;
(b) after paragraph (1)
there is inserted the following paragraph –
“(1A) No legal services body shall employ, retain or remunerate –
(a) a person whose name has been removed from the roll of advocates
or solicitors, on grounds of professional misconduct, and has not been restored
to that roll; or
(b) a practitioner who is suspended from practice as an advocate or
solicitor,
without the prior approval of
the Committee and in accordance with such conditions (if any) as it may specify
in giving its approval.”;
(c) in paragraph (3),
for the words “A practitioner who contravenes paragraph (1)” there are
substituted the words “A practitioner or a legal services body who contravenes paragraph (1)
or (1A)”.
21 Article 32A inserted
Immediately before Article 33 there is inserted the following
Article –
(1) The States may make Regulations to amend this Law.
(2) The power to make Regulations under paragraph (1) or Article 17B
includes the power to make any supplementary, incidental, consequential, transitional,
transitory or saving provision which appear to the States to be necessary or
expedient for the purposes of –
(a) amending this Law; or
(b) Regulations under Article 17B,
as the case may be.”.
22 Article 34
substituted
For Article 34 there
is substituted the following Article –
(1) Rules may be made, for
the purposes of this Law, by the Superior Number of the Royal Court after
consultation with the Rules Committee for ‑
(a) regulating and
prescribing the procedure to be followed in, or in connection with, proceedings
conducted and determined by disciplinary committees under Articles 22
and 23, and any matters incidental to or relating to any such procedure;
(b) regulating the means by
which particular facts may be proved, and the mode in which evidence thereof
may be given, in any proceedings before disciplinary committees or on any
application in connection with, or at any stage of, any such proceedings;
(c) regulating any matters
relating to costs of proceedings before disciplinary committees and in relation
to the collection of fines imposed by disciplinary committees;
(d) regulating or
prescribing any procedure or matter described in sub-paragraphs (a) to (c)
where, under Article 36(3)(a),(b) or (c), the complaint is to
proceed, or be determined as if the No. 4 Amendment Law had not been
enacted.
(2) In paragraph (1),
‘Rules Committee’ means the Committee established under Article 13(4) of
the Royal Court (Jersey) Law 1948[9] (the ‘Royal Court Law’).
(3) The Attorney General
shall be summoned to attend every sitting of the Superior Number of the Royal
Court at which it is proposed to make or consider the making of rules under paragraph (1).
(4) The power to make Rules
of Court under Article 13 of the Royal Court Law shall include a power to
make rules regulating and prescribing the procedure to be followed on, or in
connection with –
(a) appeals to the Royal
Court against decisions of disciplinary committees under Article 24; and
(b) references to the Royal
Court by the Attorney General under Article 25, including the hearing of
any such references under Article 26.”.
23 Article 35 substituted
For Article 35 there is substituted the following
Article –
“35 Publication
of bye-laws
The Law Society shall publish
the bye-laws it makes under this Law in a manner that is likely to bring them
to the attention of those affected.”.
24 Article 36 amended
In Article 36, for paragraphs (1) to (4) there are
substituted the following paragraphs –
“(1) This Article applies where, in the 3 months immediately
before the commencement of Articles 12 to 16 of the No. 4 Amendment
Law –
(a) the Law Society received a complaint alleging that a
practitioner is guilty of professional misconduct;
(b) a disciplinary committee referred a complaint to the Attorney
General;
(c) the Attorney General referred a complaint to the Royal Court; or
(d) an appeal to the Royal Court was lodged.
(2) On the commencement of Articles 12 to 16 of the No. 4
Amendment Law, paragraph (3) or (4) shall apply, as the case may be.
(3) If, in the case of paragraph (1)(a) –
(a) the complaint has not been referred to a disciplinary committee,
the complaint shall proceed in accordance with the provisions of Part 3,
as amended by the No. 4 Amendment Law, unless the President, on hearing
representations made by, or on behalf of the complainant or practitioner, determines
that the complaint should proceed as if the No. 4 Amendment Law had not
been enacted;
(b) the complaint has been referred to a disciplinary committee but
the committee has not convened to hear the complaint, the complaint shall
proceed in accordance with the provisions of Part 3, as amended by the
No. 4 Amendment Law, unless the committee, on hearing representations made
by, or on behalf of the complainant, practitioner or President, determines that
the complaint should proceed as if the No. 4 Amendment Law had not been
enacted; or
(c) the complaint is in the process of being heard by a disciplinary
committee, the committee shall continue to determine the complaint as if the No. 4
Amendment Law had not been enacted.
(4) In the case of paragraph (1)(b), (c) or (d), the complaint
or appeal shall proceed in accordance with the provisions of Part 3 as if
the No. 4 Amendment Law had not been enacted.”.
25 Citation and commencement
This Law may be cited as The Law Society of Jersey (Amendment
No. 4) Law 2017 and shall come into force on such day or days as the
States may by Act appoint.
dr. m. egan
Greffier of the States