2016-01-29
The Legislature of the Virgin Islands enacted this Act to amend the Legal Profession Act, 2015 by validating practising certificates for specified periods, empowering the Council to issue Cabinet-approved guidelines on legal documents, and subjecting regulations to a negative House resolution. The inserted transitional provisions automatically extend practising certificates for existing barristers, solicitors, and attorneys until January 2017 or the issuance of targeted regulations, while establishing $1,000 and $1,500 fee tiers for residents and non-residents respectively. These measures maintain continuous legal practice and regulatory oversight during the statutory transition, deferring specific operational sections until their corresponding regulations and guidelines are formally promulgated.
1 No. 3 of 2016 VIRGIN ISLANDS LEGAL PROFESSION (AMENDMENT) (NO. 2) ACT, 2016 ARRANGEMENT OF SECTIONS
2 No. 3 of 2016 Legal Profession (Amendment) (No. 2) Act, 2016 Virgin Islands I Assent (Sgd.) John S. Duncan, OBE, Governor 29th January, 2016 VIRGIN ISLANDS No. 3 of 2016 An Act to amend the Legal Profession Act, 2015 (No. 13 of 2015). [Gazetted 29th January, 2016] ENACTED by the Legislature of the Virgin Islands as follows:
3 "PART XI TRANSITIONAL PROVISIONS 67. (1) Until the list of jurisdictions, regulatory bodies, institutions, courses of study and professional training in law specified in section 11(4) have been published (a) sections 10 to 13 and sections 45 to 47 shall not have effect; and (b) any application for admission to practise shall continue to be dealt with under Part IV of the Eastern Caribbean Supreme Court (Virgin Islands) Act as if that Part was not repealed. (2) Section 16 shall not have effect until the regulations specified in section 16 (2) have been issued. (3) Any person who immediately before the commencement of this Act was entitled to practice as a barrister, solicitor or an attorney at law before the High Court in the Virgin Islands, and any person who is admitted to practice under subsection (1) after this Act came into force, shall be deemed to hold a valid practising certificate (a) for the year during which this Act comes into force and for the month of January and February of the next year ensuing; and (b) subject to: (i) registering with the Registrar and providing the information outlined in subsection (2); and (ii) payment to the Registrar of the fee specified in subsection (4), until the later of 31 January 2017 or date of issue of the regulations specified in section 16 (2). (4) The fee referred to in subsection (3)(b)(ii) shall be $1000 if a person is resident in the Territory and $ 1500 if resident outside the Territory and the Council may, with the approval of Cabinet, by Order amend the fees. Application of certain provisions.
4 (5) Section 17 shall not have effect until the guidelines specified in section 17(4) are issued. (6) Paragraph 4(1) of Part B to Schedule 4 shall not have effect until the guidelines referred to in paragraph 4(2) of Part B to Schedule 4 are issued.”. Passed by the House of Assembly this 28th day of January, 2016. (Sgd) Ingrid Moses-Scatliffe, Speaker. (Sgd) Phyllis Evans, Clerk of the House of Assembly.