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Legal Practitioners Regulation (Amendment) Act 1989

Commencement: 26 February 1990

REPUBLIC OF VANUATU

THE LEGAL PRACTITIONERS REGULATION (AMENDMENT) ACT
No. 39 OF 1989

Arrangement of Sections

1. Amendment of section 1 of the Joint Regulation No. 26 of 1980.
2. Insertion of new parts 1A and 1B in the principal Act.
3. Replacement of section 13 of the principal Act.
4. Amendment of section 7 of the principal Act.
5. Commencement.

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REPUBLIC OF VANUATU

THE LEGAL PRACTITIONERS REGULATION (AMENDMENT) ACT
No. 39 OF 1980

Assent: 19/12/89
Commencement: 26/02/90

To amend the Legal Practitioners Regulation No. 26 of 1980.

BE IT ENACTED by the President and Parliament as follows:-

AMENDMENT OF SECTION 1 OF THE JOINT REGULATION No. 26 OF 1980

1. Section I of the Legal Practitioners Regulation No. 26 of 1980 (principal Act) is amended as follows:-

(1) By inserting the following definitions above the definition of 'employee':-

""Barrister and Solicitor" means a person who in terms of this Regulation has been admitted as a Barrister and Solicitor or is entitled to practice as a Barrister and Solicitor in pursuance of section 13;

"Certificate of a Registered Legal Practitioner" means a certificate granted under section 1L;

"Court" means the Supreme Court of Vanuatu."

(2) By deleting the definition of "legal practitioner" and substituting the following definition,

""legal practitioner" means a person registered as a legal practitioner, in accordance with the provisions of Part 1B of this Regulation."

(3) By inserting the following definitions after the definition of "legal practitioner":-

""Law Council" means the Law Council established under section 2 of this Regulation;

"practising certificate" means a certificate issued by the Registrar under section IE;

"prescribed" means prescribed by order made under this Regulation;

"Registrar" means the Chief Registrar of the Supreme Court;

"Roll" means the Roll of Barristers and Solicitors, kept by the Registrar in accordance with provisions section ID;"

INSERTION OF NEW PART 1A AND 1B IN THE PRINCIPAL ACT

2. The following new PARTS 1A and 1B are inserted after PART 1 of the principal Act-

"PART 1A- ADMISSION OF BARRISTERS AND SOLICITORS

Chief Justice to admit Barristers and Solicitors

1A. (1) The Chief Justice shall have power to admit to practice as a Barrister and Solicitor any person, duly qualified for admission in accordance with the provisions of this Regulation.

(2) Every person shall, before admission as a Barrister and Solicitor subscribe the oath of allegiance in the form prescribed by law and also the following oath:-

"IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU

OATH OF SOLICITOR

I ........................., of ................... in the Republic of Vanuatu, do swear (or do solemnly sincerely and truly declare and affirm) that I will truly and honestly demean myself in the practice of a Solicitor according to the best of my knowledge and ability. (and in the case of an oath) So help me GOD.

SUBSCRIBED by the said )

................................ )

before me, )

................................ )

Chief Justice of the )

Republic of Vanuatu )

this ......... day of ....., 19..... )

Chief Justice of the

Republic of Vanuatu

Seal"

"IN THE SUPREME COURT OF THE REPUBLIC OF VANUATU

OATH OF BARRISTER

I, ......................... of ............................. in the Republic of Vanuatu, do swear (or do solemnly, sincerely and truly declare and affirm) that I will truly and honestly demean myself in the practice of a Barrister according to the best of my knowledge and ability. (and in the case of an oath) So help me God.

SUBSCRIBED by the said )

................................ )

before me, )

................................ )

Chief Justice of the )

Republic of Vanuatu )

this ......... day of ....., 19..... )

Chief Justice of the

Republic of Vanuatu

Seal"

Qualification of Barristers and Solicitors

1B. Subject to the other provisions of this Regulation, every person who holds a valid certificate of Registered Legal Practitioner, shall be qualified for admission as Barrister and Solicitor under this Regulation.

Application for admission

1C. Every application for admission, shall be made to the Chief Justice in such form and manner as may be prescribed.

Roll of Court and enrolment of Barristers and Solicitors

1D. (1) The Registrar of the Supreme Court shall keep a roll of all Barristers and Solicitors admitted by Court under section 1A and have custody of such Roll and all documents relating thereto.

(2) Every person admitted to practice as a Barrister and Solicitor referred to in subsection (1) shall cause his name to be enrolled in the Roll referred to in Subsection (1).

Grant of Practising Certificate

1E. (1) The Registrar of the Court shall, on application and on payment of the prescribed fee, and subject to subsection (2) grant a practising certificate under the seal of the Court to any person who has been enrolled under subsection (2) of section 1D.

(2) Where the certificate of a Registered Legal Practitioner issued by the Law Council under section 1K in respect of any person is subject to any conditions specified therein, the practising certificate issued under this section in respect of that person shall be issued subject to the same conditions and such conditions shall be specified in such practising certificate.

Grant of Temporary Practising Certificate

1F. (1) The Registrar of the Court shall, on payment of the prescribed fee grant a temporary practising certificate, to any persons who has been admitted temporarily to practice under section 13.

(2) The temporary practising certificate granted under subsection (1) shall be subject to the conditions imposed by the Chief Justice under section 13.

Qualification for practising as a Barrister and Solicitor

1G. No person, shall be entitled to practice as a Barrister and Solicitor unless-

(a) his name is for the time being on the Roll;

(b) he is not suspended from practice; and

(c) he holds a valid practising certificate

Removal from Roll

1H. The Registrar may remove from the Roll, the name of any Barrister and Solicitor -

(a) who applies for such removal, under any order made under this Regulation;

(b) upon notification by the Law Council, made in accordance with an order made under this Regulation.

Replacement on the Roll

1I. The Chief Justice may subject to any order made under this Regulation, if he thinks fit, at any time order the Registrar to replace on the Roll the name of the Barrister and Solicitor whose name has been removed or struck off the Roll.

PART 1B - REGISTRATION OF LEGAL PRACTITIONERS

Application for and registration of legal practitioners

1J. (1) Any person who is qualified to be registered as a legal practitioner under this Regulation, may apply for and obtain a certificate of a Registered Legal Practitioner from the Law Council.

(2) Application under subsection (1) shall be made in the form and manner prescribed by the Law Council.

Grant of the Certificate of a Registered Legal Practitioner

1K. (1) Subject to the provisions of this Regulation, upon an application made by any person under section 1J, and a payment of the prescribed fee the Law Council shall-

(a) cause the name and the relevant particulars contained in such application to be entered in the register in the prescribed form kept for that purpose; and

(b) issue in respect of that person a Certificate of a Registered Legal Practitioner.

(2) The Law Council may, in its discretion, refuse to register any person as a legal practitioner, notwithstanding that he may have the qualifications specified under section 1L.

(3) The Certificate of a Registered Legal Practitioner may be issued subject to such conditions, as the Law Council may see fit to impose.

(4) Subject to the provisions of this Act no certificate of a Registered Legal Practitioner shall be issued to any person under subsection (1), unless he is a resident of Vanuatu, in terms of the provisions of the laws of Vanuatu relating to immigration.

Qualification for registration as legal practitioners

1L. Subject to the provisions of this Act, any person shall be qualified to be registered as a legal practitioner who fulfils the qualification, specified by the Law Council by order made under section 15 of this Regulation.

Removal of name from the Register

1M. (1) If a legal practitioner -

(a) is sentenced to imprisonment on conviction by any Court in Vanuatu or outside Vanuatu;

(b) no longer resides in Vanuatu having departed due to any reason whatsoever, with no intention of return, and has not applied for removal of his name from the register;

(c) commits an act of professional misconduct;

the Law Council shall remove the name of such legal practitioner from the Register of Legal Practitioners kept by the Law Council.

(2) Whenever the name of a legal practitioner is removed or struck off the Register of Legal Practitioners under subsection (1), the Secretary of the Law Council shall notify the Registrar of such removal."

REPLACEMENT OF SECTION 13 OF THE PRINCIPAL ACT

3. Section 13 of the principal Act is repealed and the following section is substituted:-

"TEMPORARY ADMISSION

13. Notwithstanding the other provisions of this regulation, the Chief Justice may, after consulting the Attorney General-

(a) in the public interest; or

(b) on application by a legal practitioner;

admit to practice, subject to conditions as the Chief Justice may see fit to impose, as Barrister and Solicitor, for the purposes of any specific cause or matter, any person who is not a legal practitioner registered under this Regulation and who has come or intends to come to Vanuatu for the purposes of appearing in such cause or matter,

Provided that-

(a) any such person shall only be entitled to appear or act-

(i) in the cause or matter for the purposes of which he is admitted; and

(ii) if he is instructed by, and if when appearing in any court in the conduct of the cause or matter, he appears together with a Barrister and Solicitor admitted under section 1A;

(b) any such person has complied with the appropriate provisions of the laws of Vanuatu, applicable to him, including the laws relating to immigration, work permit and business licence."

AMENDMENT OF SECTION 7 OF THE PRINCIPAL ACT

4. Section 7 of the principal Act is amended by repealing subsections (3) and (4) and substituting the following subsections -

"(3) The Disciplinary Committee shall consist of 5 members who shall be:-

(a) a judicial officer within the meaning of the Criminal Procedure Code nominated by the Chief Justice and who shall be the Chairman;

(b) a legal practitioner nominated by the Attorney General;

(c) three other persons who are not registered as legal practitioners under this Regulation and who are considered suitable by the Law Council.

(4) The quorum at meetings of the Disciplinary Committee shall be 3 members out of whom two shall be the chairman and legal practitioner nominated under paragraph 3(b)."

COMMENCEMENT

5. This Act shall come into force on the date of its publication in the Gazette.

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