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Legal Practitioners (Amendment) Act 2001

Assent: 30 December 2001
Commencement: 11 February 2002

REPUBLIC OF VANUATU

LEGAL PRACTITIONERS AMENDMENT
ACT NO 18 OF 2001

Arrangement of Sections

1. Amendments
2. Commencement

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REPUBLIC OF VANUATU

Assent: 30/12/2001
Commencement: 11/02/2002

LEGAL PRACTITIONERS AMENDMENT
ACT NO. 18 OF 2001

An Act to amend the Legal Practitioners Act [CAP 119].

Be it enacted by the President and Parliament as follows-

1 Amendments

The Legal Practitioners Act [CAP 119] is amended as set out in the Schedule.

2 Commencement

This Act commences on the day on which it is published in the Gazette.

SCHEDULE

AMENDMENTS OF THE LEGAL PRACTITIONERS ACT [CAP 119]

1 At the end of section 15

Add

"(3) The Law Council may by order make regulations necessary or convenient for the carrying out or giving effect to Part VI of this Act".

2 At the end of Part V

Add

"Part V1 Registration of Academic Lawyers

16 Application of Part VI

This Part applies to academic lawyers.

17 Definition

In this Part:

Law School means the Law School of the University of the South Pacific, or any other recognized tertiary institution offering legal courses, located in Vanuatu.

academic lawyer means a person who provides teaching services at the Law School.

18 Application for registration

(1) An academic lawyer may apply in writing to the Law Council to be registered as a legal practitioner.

(2) The Law Council must consider all applications.

(3) The Law Council must not approve any application unless:

(a) the applicant is:

(i) employed by the Law School as a law lecturer or a tutor of the Law Programme at the Law School; or

(ii) attached to the Law School as a law lecturer or a tutor of the Law Programme at the Law School; and

(b) the applicant is admitted to practice law in another jurisdiction.

(4) An application must be made for purposes related to transferring practical legal skills to students.

19 Cancellation of registration

The registration of an academic lawyer as a legal practitioner must be cancelled by the Law Council if the academic lawyer ceases to be employed by, or attached to, the Law School.

20 Academic lawyers registered before commencement of this Part

(1) This Part also applies to an academic lawyer who is registered as a legal practitioner in Vanuatu immediately before the commencement of this Part.

(2) The academic lawyer must, within 3 months after that commencement, apply under this Part to the Law Council for registration.

(3) If the academic lawyer does not so apply, his or her registration lapses at the end of the 3 month period, subject to the order of the Law Council.

21 Engagement in private legal practice

The registration of an academic lawyer as a legal practitioner does not confer on the academic lawyer the right to engage in private practice for personal gain.".

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REPUBLIC OF VANUATU

BILL FOR THE
LEGAL PRACTITIONERS (AMENDMENT) ACT
NO. 18 OF 2001

Explanatory Note

The Bill adds a new Part VI to the Legal Practitioners Act to provide for the registration of academic; lawyers as legal practitioners.

Clause 18 provides that certain academic lawyers at the Law School of the University of the South Pacific may apply to the Law Council to be registered as legal practitioners.

Only persons attached to or employed by the Law School as a law lecturer or a tutor of the law program at the Law School are to be registered. Applications made under clause 18 must be for purposes related to transferring practical legal skills to the students.

Clause 19 provides that the Law Council must cancel the registration of an academic lawyer as a legal practitioner if that person ceases to be attached to or employed by the Law School.

Clause 20 provides that this Part applies to academic lawyers who have already been registered as legal practitioners before this Act comes into force and that they must within 3 months after the commencement of this Act: apply to the Law Council for registration.

Clause 21 states that the registration of an academic lawyer as a legal practitioner does not confer on that person the right to engage in private practice for personal gain.

Prime Minister

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