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Reasons for the delay in lodging draft laws until early Autumn 2003

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1240/5(1769)

QUESTION TO BE ASKED OF THE PRESIDENT OF THE LEGISLATION COMMITTEE ON TUESDAY, 4th FEBRUARY 2003 BY THE DEPUTY OF ST. MARTIN

Question

On 18th June 2002 in answer to a question as to when the Draft Legal Practitioners (Jersey) Law 200- and the two related pieces of legislation, the Law Society of Jersey 200- and the Jersey Society of Jersey Bye Laws 200- would be lodged, the then President replied The Committee is anxious to see the progress of this legislation and hopes to lodge the draft laws in the early Autumn'.

Would the President inform members

( a ) why the legislation has not been lodged?

( b ) when are the draft laws likely to be lodged? Answer

  1. The legislation hasnot been lodged as it becameapparent that the RoyalCourt, through an oversight, had not been consulted. Its views have now been submitted as per the agreed deadlineof 31st January2003.They will beconsidered,along with further representations from English solicitors, by the new Committee.
  2. Clearly, thetimeof lodging will in part, bedependentonthe view taken by the Committeeon issues that require further consideration viz - the disciplinary structure in respect of lawyers, the policy and laws governing thepracticeof law by English solicitors. I would hopetolodge the matterbeforethesummer recess.

A  lthough the Committee fully understands the frustration expressed by the Deputy of St. Martin, it feels it is

very  important  that  the  final  draft  follows  upon  a  thorough  review  of  these  aspects  of  the  proposed legislation.