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[23] shall include a power to make rules for the purposes of this Law.
(2) Article 3
of the Official Publications (Jersey)
Law 1960[24] shall apply to rules made under this Law as it applies to
enactments mentioned in that paragraph and accordingly, as soon as may be after
such rules are made, the Judicial Greffier shall transmit a certified copy of
them to the Greffier of the States.
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
(Article 8(6)(b))
OATH OF OFFICE OF SOLICITORS OF THE ROYAL COURT[25]
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 Souveraine Dame Elizabeth Deux,
par la Grâce de Dieu Reine 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[26]
SCHEDULE 3
(Article 12)
Transitional provisions and savings
1
In this Schedule –
“1968 Law” means the Advocates (Jersey) Law 1968;[27]
“1971 Law” means the Solicitors (Jersey) Law 1971.[28]
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).[29]
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[30] to the “month of October” shall be construed as a
reference to the “month of April or the month of October”.
7 [31]
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
|