The Law Society of Jersey (Amendment No. 4) Law 2017

Arrangement

Article

1                 The Law Society of Jersey Law 2005 amended. 3

2                 Preamble of The Law Society of Jersey Law 2005 amended. 3

3                 Article 1 amended. 3

4                 Article 8 amended. 5

5                 Article 16 amended. 5

6                 Article 17 amended. 5

7                 Insertion of Part 2A of The Law Society of Jersey Law 2005. 5

8                 Article 18 amended. 9

9                 Article 19 amended. 9

10              Article 19A inserted. 9

11              Article 20 amended. 10

12              Article 21 substituted. 10

13              Article 21A inserted. 11

14              Articles 22 and 23 substituted. 12

15              Article 24 amended. 15

16              Article 25 substituted. 16

17              Article 26 amended. 16

18              Articles 27 and 28 repealed. 17

19              Article 29 substituted. 17

20              Article 30 amended. 18

21              Article 32A inserted. 18

22              Article 34 substituted. 18

23              Article 35 substituted. 19

24              Article 36 amended. 19

25              Citation and commencement 20

 

 


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 –

(a)     where it –

(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

(b)     pending –

(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 –

“34    Rules

(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

 


 



[1]                                    chapter 07.570

[2]                                    chapter 07.570

[3]                                    chapter 07.570

[4]                                    chapter 13.370

[5]                                    chapter 13.475

[6]                                    L.18/2017

[7]                                    chapter 13.780

[8]                                    chapter 07.315

[9]                                    chapter 07.770


Page Last Updated: 10 Aug 2017