Legal Profession (Amendment) Act, 2016 (No. 1 of 2016)

Summary

This Act makes a series of technical amendments to the Legal Profession Act, 2015, adjusting qualification requirements, practising certificate rules, temporary admission procedures, and administrative provisions governing legal practitioners in the Virgin Islands. It does not introduce a wholly new regime but modifies existing sections and schedules of the principal Act.

• Admission qualifications: Revises the requirements for admission as a Legal Practitioner, including recognition of admission as barrister, advocate, solicitor or attorney-at-law in England, Scotland or Northern Ireland, and sets a five-year practice requirement for non-belongers or those without a certificate of residence before 1 January 2019, reducing to three years thereafter, with a discretionary exception where a sufficient case is made.
• Practising certificates: Persons to whom section 9 applies are deemed to hold a valid practising certificate from commencement until 31 January 2017, provided they register with the Registrar and pay the required fees under Schedule 2.
• Registration information: Registering persons must supply the Registrar with specified details, including name, dates of admission to practice, belonger status, firm affiliation, residency, and whether they hold Queen's Counsel status.
• Temporary admission and certificates: Introduces a new section 47A allowing non-resident practitioners registered on the Roll to apply to the High Court for a temporary practising certificate, subject to good standing, qualifications, and payment of Schedule 2 fees.
• High Court admission for complex cases: Amends section 45 to clarify criteria under which the High Court may admit a person as legal practitioner for a case of sufficient difficulty and complexity, including Queen's Counsel status or ten years' experience and good standing in their home jurisdiction.
• Other administrative changes: Amends sections 7, 13, 16, 17, 27, 46, 47, 62, 64 and Schedules 4 and 5, covering matters such as the definition of legal documents, regulation-making powers of Cabinet, notice periods (three months changed to six months; six months changed to one year), and Attorney General's power to revoke tribunal member appointments.

The amendments came into force on gazettal on 29 January 2016, with one specific transitional deadline of 31 January 2017 for certain practitioners to register under the deemed practising certificate provision.

Key obligations

• Persons to whom section 9 of the principal Act applies must register with the Registrar and provide the specified information (name, admission dates, belonger status, firm affiliation, residency, QC status) to retain deemed valid practising certificate status until 31 January 2017
• Such persons must pay the required fees to the Registrar as specified in Schedule 2 of the Act
• Non-belongers or persons without a certificate of residence must have practised as a legal practitioner for at least five years before applying for admission prior to 1 January 2019, and at least three years thereafter
• Non-resident persons registered on the Roll who wish to practise temporarily in the Virgin Islands must apply to the High Court for an order permitting issuance of a temporary practising certificate and pay the relevant Schedule 2 fees for issuance and renewal
• Applicants for temporary practising certificates must be admitted and enrolled in their home jurisdiction, in good standing with a recognised regulatory body, and fit and proper to be admitted

Applies to

legal practitioners, law firms, non-resident legal practitioners, Registrar, Council, Attorney General

Deadlines

• 31st day of January, 2017: Deadline by which persons deemed to hold a valid practising certificate under amended section 15(6) must register with the Registrar and pay required fees to maintain that status
• 1st January 2019: Date before which non-belongers or persons without a certificate of residence must show five years' prior practice as a legal practitioner to qualify for admission; after this date the requirement reduces to three years