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Bermuda Bar (Practising Certificate) Amendment Rules 2010

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Bermuda Bar (Practising Certificate) Amendment Rules 2010
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BERMUDA

BERMUDA BAR (PRACTISING CERTIFICATE) AMENDMENT RULES 2010

BR 30 / 2010

The Bar Council, in exercise of the powers conferred by section 9 of the Bermuda
Bar Act 1974, makes the following Rules:

Citation
These Rules, which amend the Bermuda Bar (Practising Certificate) Rules 1984 (the

“principal Rules”), may be cited as the Bermuda Bar (Practising Certificate) Amendment
Rules 2010.

Amends Rule 7
Rule 7 of the principal Rules is amended—

by revoking paragraph (2) and replacing it with the following—

With effect from May 1, 2010 the fee for a special practising certificate
is—

$2,000 for a hearing before the Commercial Court or on any appeal
from the Commercial Court, without legal aid; and

$250 in all other cases.”; and

“(2)

(a)

(b)

by revoking paragraph (3).

Revokes and replaces Form 1 of Schedule
Form 1 of the Schedule to the principal Rules is revoked and replaced by the

following—

1

2 (1)

(a)

(b)

3

1

BERMUDA BAR (PRACTISING CERTIFICATE) AMENDMENT RULES 2010

“FORM 1

(Rule 3)

THE BERMUDA BAR ACT 1974

APPLICATION
for a

PRACTISING CERTIFICATE

To: The Bermuda Bar Council.

I, 1[blank] of 2 [blank] hereby apply for a practising certificate under section
10 of the Bermuda Bar Act 1974.

I hereby state that the following particulars are true—

1. I was admitted as a Barrister and Attorney under section 51 of the
Supreme Court Act 1905 on the [blank]3 and I am not now suspended under
section 57 of the said Act, or section 22 of the Bermuda Bar Act 1974, and my name
is not now removed from or struck off the Roll.

24. (a) I possess Bermudian status within the meaning of the Bermuda
Immigration and Protection Act 1956.

or

(b) There exists a current valid permit issued under the Bermuda
Immigration and Protection Act 1956, entitling me to engage in gainful occupation
in these Islands as a Barrister and Attorney.

or

(c) I possess spouse’s employment rights under section 60 of the Bermuda
Immigration and Protection Act 1956.

3. I have paid to the Council the fees prescribed by the Bermuda Bar
Association (Organization) Rules 1975 for the current year ending November 30,
20[blank].

1 Insert name of Applicant

2 Insert name of practice, firm or professional company

3 Insert date of admission

4 Delete whichever of (a), (b) or (c) are inapplicable

2

BERMUDA BAR (PRACTISING CERTIFICATE) AMENDMENT RULES 2010

45. (a) I am not/ (b) The firm of which I am a partner or employee is not/
(c) The professional company of which I am a member or employee is not/ in default
of the requirement to file an Accountant’s Report pursuant to the Barristers
(Accounts and Records) Rules 1976.

5. I have paid to the Bermuda Bar Council the fee prescribed by the
Bermuda Bar (Practising Certificate) Rules 1984.

6. I have in the previous twelve months ending October 31, 20 [blank]
complied with the requirements of the Continuing Legal Education Programme
approved by the Bar Council.

76. (a) I have provided the Bar Council with evidence that I have
professional liability insurance as required by section 13A(1) of the Bermuda Bar
Act 1974 and the Bermuda Bar (Insurance) Rules 2009.

or

(b) I have provided the Bar Council with evidence that the firm of barristers
of which I am a partner or employee has professional liability insurance as required
by section 13B(1) of the Bermuda Bar Act 1974 and the Bermuda Bar (Insurance)
Rules 2009.

or

(c) I have provided the Bar Council with evidence that the professional
company of which I am a member or employee has professional liability insurance
as required by section 16B(1)(h) of the Bermuda Bar Act 1974 and the Bermuda
Bar (Insurance) Rules 2009.

Dated this [blank] day of [blank] 20 [blank].”

Commencement
Except as provided in paragraph (2), these Rules come into operation on May

1, 2010.

Subparagraphs 7(a) and (b) of Form 1 enacted by rule 3 of these Rules come
into operation on October 2, 2010.

4 (1)

(2)

5 Delete whichever of (a), (b) or (c) are inapplicable

6 Delete whichever of (a), (b) or (c) are inapplicable. [(a) and (b) not in effect until October 2, 2010]

3

BERMUDA BAR (PRACTISING CERTIFICATE) AMENDMENT RULES 2010


Made by the Bar Council this 15th day of April, 2010



President




Secretary



Confirmed by the Chief Justice this 16th day of April, 2010



Chief Justice

[Operative Date: 01 May 2010]

4