Legal Profession (Amendment) (No. 2) Act, 2016 (No. 3 of 2016)

Summary

This Act amends the Legal Profession Act, 2015 of the Virgin Islands. It makes technical changes to practising certificate rules and to the definition process for legal documents, adds a rule on how regulations under the Act are approved, and inserts a new Part XI containing transitional provisions governing the switch from the old admission regime to the new one.

• Section 15 amended: Replaces subsection (6) so that a person covered by the new section 67(3) transitional rule is deemed to hold a valid practising certificate for the period specified there.
• Section 17 amended: Adds subsection (4) requiring the Council, with Cabinet approval, to issue guidelines on which documents and instruments do or do not count as a legal document for section 17(1) purposes.
• New section 65A: Any regulations made under the Act are subject to negative resolution of the House of Assembly.
• New Part XI transitional provisions: Sections 10 to 13 and 45 to 47 have no effect until certain lists of jurisdictions, regulatory bodies, institutions and courses are published, and admission applications continue to be handled under Part IV of the Eastern Caribbean Supreme Court (Virgin Islands) Act in the meantime.
• Deemed practising certificates: Persons already entitled to practise as barrister, solicitor or attorney immediately before commencement (and those admitted under the transitional regime) are deemed to hold a valid practising certificate for the commencement year plus January and February of the following year.
• Registration and fee condition: Continued deemed validity beyond that period, until the later of 31 January 2017 or issue of the section 16(2) regulations, depends on registering with the Registrar and paying a fee of 1000 US dollars for Territory residents or 1500 US dollars for non-residents; the Council, with Cabinet approval, may amend these fees by Order.
• Delayed provisions: Section 16 has no effect until regulations under section 16(2) are issued; section 17 has no effect until the guidelines under section 17(4) are issued; and paragraph 4(1) of Part B to Schedule 4 has no effect until the guidelines referred to in paragraph 4(2) of Part B to Schedule 4 are issued.

The Act was passed by the House of Assembly on 28 January 2016 and assented to on 29 January 2016, and primarily affects legal practitioners (barristers, solicitors and attorneys) practising in the Virgin Islands together with the Legal Profession Council and the Registrar responsible for administering practising certificates.

Key obligations

• Persons who were entitled to practise as barrister, solicitor or attorney immediately before the Act's commencement, or who are admitted under the transitional regime, must register with the Registrar and pay the prescribed fee (1000 US dollars if resident in the Territory, 1500 US dollars if resident outside it) to keep their deemed valid practising certificate in effect until the later of 31 January 2017 or the date the section 16(2) regulations are issued
• The Council, with Cabinet approval, must issue guidelines specifying which documents and instruments do or do not constitute a legal document for section 17(1) purposes before section 17 takes effect
• Any regulations made under the Legal Profession Act are subject to negative resolution of the House of Assembly

Applies to

legal practitioners (barristers, solicitors, attorneys), Legal Profession Council, Registrar

Deadlines

• 31 January 2017: Deemed validity of transitional practising certificates (conditional on registration and fee payment) continues until the later of this date or the date the section 16(2) regulations are issued