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Section 25 of Advocates Act CAP 16: Discretion of Registrar to issue practising certificate in special cases

    

(1) Subject to subsection (3) and to section 28(5), subsection (2) shall have effect where an advocate applies for a practising certificate—
(a) when for twelve months or more he has ceased to hold a practising certificate in force; or
(b) whilst he is an undischarged bankrupt or a receiving order in bankruptcy is in force against him; or
(c) when, having been suspended from practice or having had his name removed from or struck off the Roll, the period of his suspension has expired or his name has been restored to the Roll, as the case may be; or
(d) not having held a practising certificate in force within twelve months next following the date of his admission as an advocate; or
(e) whilst he is a person to whom the powers and provisions of the Mental Health Act (Cap. 248) relating to management and administration apply; or
(f) without having paid a penalty or costs ordered by the Disciplinary Committee to be paid by him; or
(g) after having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or
(h) after having had given against him any judgment which involves the payments of moneys, not being a judgment—
(i) limited to the payment of costs; or
(ii) as to the whole effect of which upon him he is entitled to indemnity or relief from some other person; or
(iii) evidence of the satisfaction of which, within seven days of the giving of such judgment, has been produced to the Registrar.
(2) The applicant shall give to the Registrar and to the secretary of the Society not less than six weeks before his application for a practising certificate notice of his intention to apply therefor.
(3) The Council of the Society shall make representations or submit a recommendation to the Registrar with respect to any application made under this section, and any such representations shall be taken into account by the Registrar and shall be absolutely privileged.
(4) The Registrar may in his discretion—
(i) grant or refuse any application made under this section; or
(ii) decide to issue a practising certificate to the applicant upon such terms and conditions as he may think fit;
and, where the Registrar decides to issue a certificate subject to conditions, he may, if he thinks fit, postpone the issue of the certificate pending the hearing and determination of any appeal under section 26(2):
Provided that in a case such as is mentioned in paragraph (b) or paragraph (h) of subsection (1), where on appeal has been made to the appropriate court against the order or judgment in question the Registrar shall not refuse the application before the determination of that appeal.
(5) Where a practising certificate free of conditions is issued by the Registrar under subsection (2) to an advocate in relation to whom that subsection has effect by virtue of any of the particular circumstances mentioned in paragraphs (a), (c), (d), (g) and (h) of subsection (1), subsections (2), (3) and (4) shall not thereafter have effect in relation to that advocate by virtue of those circumstances.

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