Singapore legislation

Section 59

of Legal Profession Act 1966

Section 59

Specific powers of Council

Amended by40/201440/2014

(1)

Without limiting the general powers conferred by section 58 or the specific powers to make rules conferred by any other provision of this Act, the Council has power —

(a)

to make rules to provide for all matters not expressly reserved to the Society in general meeting whether they are expressed among its powers or not;

(aa)without limiting paragraph (a), to make rules relating to the provision of services, by members of the Society, other than for or in expectation of any fee, gain or reward;

(b)

to answer questions affecting the practice and etiquette of the profession and the conduct of members of the profession;

(c)

to take cognizance of anything affecting the Society or the professional conduct of its members and to bring before any general meeting of the Society any matter which it considers material to the Society or to the interests of the profession and make any recommendations and take any action it thinks fit in relation thereto;

(d)

to examine and if it thinks fit to report upon current or proposed legislation submitted to it and any other legal matters;

(e)

to represent members of the Society or any section thereof in any matter which may be necessary or expedient;

(f)

to found prizes and scholarships for students of law and to lay down the conditions for their award as it thinks fit;

(g)

to appoint in its discretion such officers, clerks, agents and servants for permanent, temporary or special services as it may think fit and to determine their duties and terms of service;

(h)

to purchase, rent or otherwise acquire and furnish suitable premises for the use of the Society;

(i)

to communicate with other similar bodies and with members of the profession in other places for the purpose of obtaining and communicating information on all matters likely to prove beneficial or of interest to members;

(j)

to institute, conduct, defend, compound or abandon any legal proceedings by and against the Society or its officers or otherwise concerning the affairs of the Society and to compound and allow time for payment or satisfaction of any debts due or of any claims or demands made by or against the Society;

(k)

to refer any claims or demands by or against the Society to arbitration and to observe and perform every award made as a result of the arbitration and to nominate arbitrators if so requested;

(l)

to make and give receipts, releases and other discharges for moneys payable to and for claims and demands of the Society;

(m)

to invest the moneys of the Society in such manner as it thinks fit and engage in any financial activity or participate in any financial arrangement for the purpose of managing or hedging against any financial risk that arises or is likely to arise from such investment;

(n)

to form or participate in the formation of any company for the purpose of carrying out all or any of the functions of the Society;

(o)

to borrow or raise money by bank overdraft or otherwise by the issue of debentures or any other securities founded or based upon all or any of the property and rights of the Society or without any such security and upon such terms as to priority or otherwise as the Council thinks fit; and

(p)

to exercise all such powers, privileges and discretions as are not by this Act expressly and exclusively required to be exercised by the members of the Society in general meeting.

Amended by40/2014

(2)

Rules made by the Council under this section come into operation only after they have been approved by the Chief Justice.

(3)

The Council may, after consulting the Professional Conduct Council, issue pursuant to subsection (1)(b) such practice directions, guidance notes and rulings as the Council thinks appropriate relating to professional practice, etiquette, conduct and discipline.

Amended by40/2014