Bermuda Bar Amendment Act 2008
BERMUDA BAR AMENDMENT ACT 2008
BERMUDA
2008 : 47
BERMUDA BAR AMENDMENT ACT 2008
Date of Assent: 23 December 2008
Operative Date: 23 December 2008
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act, which amends the Bermuda Bar Act 1974 (the
“principal Act”), may be cited as the Bermuda Bar Amendment Act 2008.
Amends section 1
2 The definition “practising certificate” in section 1 of the principal
Act is amended by inserting next after the words “section 10” the words
“or 10A”.
Amends section 10
3 Section 10 of the principal Act is amended by—
(a) repealing subsection (3)(e); and
(b) inserting the following next after subsection (5)—
“(5A) If a person whose name is published under
subsection (5) holds a practising certificate that is
subject to limitations under sections 10B and 10C, the
Council shall at the same time as it publishes the name
of that person publish the fact that the practising
certificate for that person is subject to those
limitations.”.
1
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Inserts sections 10A to 10D
4 The principal Act is amended by inserting the following next after
section 10—
“Practising certificate subject to limitations
10A (1) On application under section 10(1) or (4) by a barrister
who is an undischarged bankrupt, the Council shall, if the
applicant meets the requirements of section 10(3), issue to the
applicant a practising certificate as a barrister for the period
referred to in subsection 10(1) or (4), as the case may be, subject
to the limitations in sections 10B and 10C.
(2) Upon the holder of a practising certificate that is
subject to limitations being discharged from bankruptcy, the
limitations shall cease to apply.
Limitation regarding trust accounts
10B (1) Subject to subsections (2) to (5), the holder of a
practising certificate that is subject to limitations shall not, in
connection with his or her practice, receive from or on behalf of a
person or group of persons any money or other property and
shall not handle money or other property that is held in trust for
a person or group of persons.
(2) The holder of a practising certificate that is subject to
limitations may receive from or on behalf of a person or group of
persons money—
(a) in payment of fees for services performed by the
holder for the person or group; or
(b) in reimbursement for moneys properly expended,
or for expenses properly incurred, on behalf of the
person or group.
(3) The holder of a practising certificate that is subject to
limitations may, subject to the approval of the Council, appoint a
barrister who holds a practising certificate issued under section
10 to operate a trust account on behalf of the clients of the
holder of the practising certificate that is subject to limitations.
(4) A barrister appointed under subsection (3) to operate a
trust account shall be responsible for keeping the account, and
accountable for monies in the account, in the same way as for
trust accounts operated by the barrister for his or her own
clients.
(5) For greater certainty, the Barristers (Accounts and
Records) Rules 1976 apply to a barrister appointed under
subsection (3) in relation to a trust account operated by that
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barrister on behalf of the clients of a holder of a practising
certificate that is subject to limitations.
Limitation regarding practice of real estate law
10C (1) The holder of a practising certificate that is subject to
limitations may not practise real estate law.
(2) For the purposes of subsection (1), “real estate law”
means the law concerning the actual or contemplated transfer or
charging of any right, title or interest in land, including receipt of
instructions, preparation of documents, conducting searches
and providing opinions or certificates with respect to the title,
transfer or charging of land.
Practising certificate invalidated on bankruptcy
10D (1) If a barrister who holds a practising certificate issued
under section 10 is adjudicated to be bankrupt, the practising
certificate shall cease to be valid.
(2) A barrister who is adjudicated to be bankrupt shall
immediately give notice in writing of that fact to the Council.
(3) A barrister whose practising certificate has ceased to
be valid under subsection (1) may make an application under
section 10 for a new practising certificate.
Amends section 11
5 Section 11 is amended—
(a) by repealing subsection (3); and
(b) in the headnote, by deleting the words “and on
bankruptcy”.
Amends section 29
6 Section 29 is amended—
(a) by inserting the following next after subsection (1)—
“(1A) Subject to subsection (3), a person who holds a
practising certificate that is subject to limitations under
sections 10B and 10C shall not practise in contravention
of those sections.”; and
(b) in subsection (2), by inserting next after the words
“subsection (1)” the words “or (1A)”.
Consequential amendments to the Bermuda Bar (Practising
Certificate) Rules 1984
7 The Bermuda Bar (Practising Certificate) Rules 1984 are
amended as follows—
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(a) Paragraph 5 of Form 1 of the Schedule is deleted and the
following substituted—
“56 (a) I am/ (b) I am not an undischarged bankrupt.”,
with the addition of the following footnote—
“ 6 Delete (a) or (b) ” ; and
(b) Form 2 of the Schedule is amended by inserting the
following paragraph next after the first paragraph—
“*Sections 10B and 10C of the Bermuda Bar Act 1974
apply.”,
with the addition of the following footnote—
“ *Council to delete if inapplicable ”.
