Advocates and
Solicitors (Jersey) Law 1997
A LAW to make provision relating to the
right to practise as an advocate or a solicitor and to provide for ancillary
matters[1]
Commencement
[see endnotes]
1 Interpretation
(1) In
this Law –
“Board” means
the board of examiners described in Article 9 and “President of the
Board” shall be construed in accordance with paragraph (2) of that
provision;
“qualifying
examination” shall be construed in accordance with Article 6 and paragraphs
4(2) and 5(2) of Schedule 3;
“relevant office”
means an advocate’s or a solicitor’s office in Jersey, the Law
Officers’ Department or the Judicial Greffe;
“Royal Court”
means the Superior Number of the Royal Court;
“specified”
means specified in Rules of Court.
(2) [2]
(3) In
this Law –
(a) a reference to the examinations and
assessments included in any course validated by the Bar Council for call to the
Bar of England and Wales by any one of the Inns of Court in England includes
the examinations formerly set by the Council of Legal Education for that
purpose;
(b) a reference to the examinations and
assessments included in any course validated by the Law Society of England and
Wales for admission as a solicitor of the Supreme Court of England and Wales
includes the examinations formerly set by the Law Society of England and Wales
for that purpose.[3]
2 Entitlement to practise as an advocate or solicitor
(1) A
person shall be entitled to practise as an advocate before every court in Jersey
if the person has been admitted to the Bar in accordance with Article 8.
(2) A
person shall be entitled to practise as a solicitor if the person has been
admitted as a solicitor in accordance with Article 8.
3 Requirements for admission to the Bar
(1) A
person shall be entitled to be admitted to the Bar if –
(a)
(b) the person fulfils the
requirements in paragraph (2) or (3); and
(c) the Royal Court is
satisfied that the person is a fit and proper person to be admitted.[4]
(2) The
requirements are that –
(a) the person has passed –
(i) either
the examinations and assessments included in any course validated by the Bar
Council for call to the Bar of England and Wales by any one of the Inns of
Court in England or the examinations and assessments included in any course
validated by the Law Society of England and Wales for admission as a solicitor
of the Supreme Court of England and Wales or such other examinations and
assessments as may be specified, and
(ii) the
qualifying examination; and
(b) in the period of 4 years immediately
preceding the person’s application for admission to the Bar in accordance
with Article 8, 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.[5]
(3) The
requirements are –
(a) that the person is admitted as a
solicitor; and
(b) either –
(i) that
the person has (whether before, on or after being admitted as a solicitor) passed
either the examinations and assessments included in any course validated by the
Bar Council for call to the Bar of England and Wales by any one of the Inns of
Court in England or the examinations and assessments included in any course
validated by the Law Society of England and Wales for admission as a solicitor
of the Supreme Court of England and Wales or such other examinations and
assessments as may be specified, or
(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.[6]
(4) This
Article is subject to Article 4A.[7]
(5) [8]
4 Requirements for admission as a solicitor
(1) A
person shall be entitled to be admitted as a solicitor if –
(a)
(b) the person fulfils the
requirements in paragraph (2) or (3); and
(c) the Royal Court is satisfied that the person
is a fit and proper person to be admitted.[9]
(2) The
requirements are that –
(a) the person –
(i) has
a law degree of a British university or of such other university or institution
as the Board approves, which includes such subjects as may be specified, or
(ii) has
passed the examinations and assessments included in any course validated by the
Common Professional Examination Board in England and Wales or such other
examinations and assessments as may be specified;
(b) the person has passed the
qualifying examination; and
(c) in the period of 6 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, 3 years in a relevant office or in more
than one such office.[10]
(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.[11]
(4) This
Article is subject to Article 4A.[12]
(4A) [13]
(5) [14]
4A Employment
in relevant office for purposes of Articles 3 and 4[15]
(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.
5 Application for qualifying examination
(1) No
person may apply to sit the qualifying examination unless –
(a) the
person has attained the age of 21 years; and
(b) the
person fulfils the specified educational requirement (if any).[16]
(2) An
application to sit the qualifying examination shall be made in writing to the
President of the Board not later than one month before the beginning of the
month in which the examination is due to be held and shall be accompanied by
such evidence and information as may be specified.
6 Qualifying examination
(1) The
qualifying examination shall be in such form and in such subjects as are
specified.
(2) Subject
to paragraph (3), the qualifying examination shall be held one or more
times in each year, in one or more specified months.[17]
(3) No
qualifying examination shall be held unless an application has been made in
accordance with Article 5.
(4) The
President of the Board shall, not later than 21 days before the date the
qualifying examination commences, notify every applicant of the date when, and
the time and place at which the examination is to be held.
(5) Rules
of Court may also provide for –
(a) the qualifying examination to be in a
different form, including the form of a preliminary examination and a final
examination which shall together constitute the qualifying examination, and in
different subjects for different descriptions of applicants;
(b) the person by whom the syllabus for any
subject is to be issued;
(c) a person to be exempted from one or more of
the papers of the qualifying examination in specified circumstances;
(d) a person who has failed to pass any paper of
the qualifying examination but who, in the opinion of the panel appointed
pursuant to Article 9(3) in relation to that particular examination, has
attained a sufficiently high standard generally, to be treated as having passed
the examination conditionally on the person’s subsequently passing
the paper which the person has failed;
(e) the Board to have a discretion to treat any person
as having a law degree for the purposes of this Law even though the subjects
included in the said degree do not wholly correspond with such subjects as may
be specified; and
(f) such transitional arrangements and
savings as the Royal Court considers necessary or
expedient.
(6) Rules
of Court shall provide for a paper written by a person sitting the qualifying
examination to be identified only by a number assigned to the person by the
President of the Board.
7 Examination results
(1) The
President of the Board shall notify every person sitting the qualifying
examination of the results of the examination.
(2) The
President of the Board shall deliver to each person who passes the qualifying
examination a certificate to that effect.
8 Application for
admission to the Bar or admission as a solicitor
(1) A
person who fulfils the requirements in Article 3(1) may apply in writing
to the Attorney General for admission to the Bar.
(2) A
person who fulfils the requirements in Article 4(1) may apply in writing
to the Attorney General for admission as a solicitor.
(3) An
application made pursuant to paragraph (1) or (2) shall be accompanied by
documentary evidence of the applicant’s entitlement to admission.
(4) Upon
receipt of an application made pursuant to paragraph (1) or (2), the
Attorney General shall forthwith notify the Bailiff, and the Bailiff shall
arrange for a sitting of the Royal Court to consider the application as soon as
may be practicable.
(5) At
such sitting, the Attorney General shall submit the application and the
accompanying documentary evidence to the Royal Court, together with the
Attorney General’s conclusions.
(6) If
the Royal Court grants the conclusions of the Attorney General it
shall –
(a) in the case of an application made pursuant
to paragraph (1), administer the customary oath to the applicant; or
(b) in the case of an application made pursuant
to paragraph (2), admit the applicant as a solicitor and administer to the
applicant the oath set out in Schedule 1.
9 Board of examiners
(1) A
board of examiners shall be responsible for the conduct of the qualifying
examination.
(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).[18]
(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.[19]
(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.[20]
(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.[21]
10 Power
to amend by Regulations[22]
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.
11 Rules of Court
(1) The
power to make Rules of Court under the Royal Court
(Jersey) Law 1948 shall include a power to make rules for the purposes
of this Law.
(2) [23]
12 Transitional provisions, savings and repeals
Subject to the
transitional provisions and savings in Schedule 3, the enactments
specified in the first column of Schedule 4 are repealed to the extent
indicated in the second column of that Schedule.
13 Citation
This Law may be cited as the Advocates and Solicitors (Jersey)
Law 1997.
Schedule 1[24]
(Article 8(6)(b))
OATH OF OFFICE OF
SOLICITORS OF THE ROYAL COURT
Vous jurez et promettez par la foi et serment que vous devez à Dieu,
que bien et fidèlement vous exercerez la profession
d’écrivain près les Tribunaux de ce pays sous notre Souverain
Seigneur Charles Trois, par la Grâce de Dieu Roi du Royaume-Uni de la Grande
Bretagne et de l’Irlande du Nord et de Ses autres Royaumes et
Territoires, Chef du Commonwealth, Défenseur de la Foi, la
Majesté de laquelle vous reconnoissez sous
Dieu, suprême Gouverneur en tous ses Royaumes, Provinces et Territoires,
quittant et renonçant à toutes autres supériorités
foraines et étrangères; vous garderez le droit de Sa
Majesté et de ses sujets, et soutiendrez l’honneur et gloire de
Dieu et de sa pure parole; vous défendrez et maintiendrez les lois et
usages, privilèges, franchises, coutumes et libertés de
l’Isle, vous opposant à quiconque les voudroit
enfreindre. Vous n’entreprendrez ni ne soutiendrez aucune cause ou
affaire qui vous paroîtra dénuée
de tout droit, ou proposée avec méchanceté. Vous ne
controuverez aucuns faits, si vos clients ne vous les ont affirmés pour
vrais. Vous ne proposerez ni alléguerez aucun fait, coutume ni usage,
que vous sçaurez être contraires
à droit et justice; et si aucune chose touche
le droit de Sa Majesté, vous en informerez les Officiers de la Couronne,
et le maintiendrez. Vous ne ferez aucun marché ni contrat avec vos
clients d’aucune cause ou affaire contentieuse, ni de partie
d’icelle. Vous vous contenterez de gages et salaires raisonnables, et
assisterez aux veuves, pauvres et orphelins. Et finalement vous vous
conformerez selon le bon avis de Monsieur le Bailli, ou de Monsieur le Député-Bailli,
ou de Monsieur le Lieutenant-Bailli, ou de Messieurs de Justice.
SCHEDULE 2[25]
Schedule 3
(Article 12)
Transitional provisions and savings
1
In this Schedule –
“1968 Law”
means the Advocates (Jersey) Law 1968;
“1971 Law”
means the Solicitors (Jersey) Law 1971.
Advocates
2
(1) A
person who –
(a) passes –
(i) either
the examinations and assessments included in any course validated by the Bar
Council for call to the Bar of England and Wales by any one of the Inns of
Court in England or the examinations and assessments included in any course
validated by the Law Society of England and Wales for admission as a solicitor
of the Supreme Court of England and Wales, and
(ii) either
the qualifying examination described in paragraph (2)(a) or the qualifying
examination described in paragraph (2);
and
(b) before the day appointed in accordance with sub-paragraph (2),
obtains a Certificat
d’Etudes Juridiques
Françaises et Normandes of the University of Caen, or any equivalent qualification
specified,
shall be deemed to have
complied with the requirements in Article 3(2).
(2) The
States may by Act appoint a day for the purposes of sub-paragraph (1)(b).[26]
3
A solicitor who has passed the qualifying examination described in
paragraph 5(2) shall be deemed to have complied with the requirement in
Article 3(3)(b).
Savings
4
(1) Notwithstanding
the repeal of the 1968 Law, any Rules of Court made under it which have
effect before the day this Law comes into force shall continue to have effect
as if made under this Law in the case of a person intending to seek admission
to the Bar.
(2) In
a case where Rules of Court made under the 1968 Law continue to have
effect –
(a) any reference in this Law to the
“qualifying examination” shall be construed as a reference to the
appropriate examination specified in those Rules for the purpose of Article 1(1)(e)
of the 1968 Law; and
(b) the reference in paragraph 2(1)(b) to any
equivalent qualification specified shall be construed as a reference to any
equivalent qualification specified in those Rules for the purposes of Article 1(1)(dd)
of the 1968 Law.
5
(1) Notwithstanding
the repeal of the 1971 Law, any Rules of Court made under it which have
effect before the day this Law comes into force shall, subject to paragraph 6,
continue to have effect as if made under this Law –
(a) in the case of a person intending to seek
admission as a solicitor; and
(b) for the purposes of paragraph 2(1)(a)(ii),
in the case of a person intending to seek admission to the Bar.
(2) In
a case where Rules of court made under the 1971 Law continue to have
effect, any reference in this Law to the “qualifying examination”
shall be construed as a reference to the qualifying examination specified in
those Rules.
6
The reference in Rule 2
of the Solicitors (Qualifying Examination) (Re-examination) (Jersey)
Rules 1994 to the “month of October” shall be construed as a
reference to the “month of April or the month of October”.
7 [27]
Schedule 4
(Article 12)
ENACTMENTS REPEALED
|
(1)
|
(2)
|
|
Title
of enactment
|
Extent of repeal
|
|
Advocates (Jersey)
Law 1968
|
The whole Law
|
|
Advocates (Amendment)
(Jersey) Law 1971
|
The whole Law
|
|
Solicitors (Jersey) Law 1971
|
The whole Law
|
|
Advocates (Amendment No. 2)
(Jersey) Law 1990
|
The whole Law
|
|
Solicitors (Amendment)
(Jersey) Law 1994
|
The whole Law
|
|
Advocates (Amendment No. 3)
(Jersey) Law 1995
|
The whole Law
|