Singapore legislation

Clause 48

Saving and transitional provisions

(1)

Despite anything in this Act, the old law continues to apply in relation to an individual who satisfies all of the following conditions:

(a)

the individual became a qualified person before 1 November 2023;

(b)

the individual successfully passed, before the appointed date, or any later date as the Minister may approve in his or her case, the examinations prescribed by rules made under section 10(2)(d) of the principal Act as in force immediately before the appointed date (called in this section the Part B examinations);

(c)

the individual applied before the appointed date, or any later date as the Minister may approve in his or her case, to be admitted as an advocate and solicitor of the Supreme Court under section 12 of the principal Act as in force immediately before the appointed date.

(2)

If an individual satisfies subsection (1)(b) but not subsection (1)(c) —

(a)

the individual is further considered as not having satisfied section 11B(1)(c) and (d) of the principal Act (as inserted by section 6) for the purposes of his or her admission as a lawyer (NP) by reason of having satisfactorily completed the relevant courses of instruction and passed the Part B examinations, and the individual must accordingly attend and satisfactorily complete the relevant courses of instruction and retake those examinations for the purposes of such admission; and

(b)

any practice training period already served by the individual is likewise disregarded.

(3)

Despite anything in this Act but subject to subsections (4) and (5), the old law also continues to apply in relation to an individual (X) if both of the following conditions are satisfied:

(a)

X became a qualified person at any time between 1 November 2023 and 31 January 2024 (both dates inclusive);

(b)

X satisfactorily completed the practice training period applicable to him or her before the appointed date or any later date as the Minister may approve in his or her case.

(4)

If X does not successfully pass, before the prescribed date or any later date approved by the Minister in his or her case, the Part B examinations, then the old law ceases to apply to X and the new law applies to X instead, and for this purpose any practice training period already served by X is disregarded.

(5)

If X —

(a)

successfully passes, before the prescribed date or any later date approved by the Minister in his or her case, the Part B examinations; but(b)fails to apply, before the prescribed date or any later date approved by the Minister in his or her case, to be admitted as an advocate and solicitor of the Supreme Court under section 12 of the principal Act as in force immediately before the appointed date,then the old law ceases to apply to X and the new law applies to X instead.

(6)

For the purpose of applying the new law to X under subsection (5) —

(a)

X is, unless the Minister approved otherwise, considered as not having satisfied section 11B(1)(c) and (d) of the principal Act for the purposes of his or her admission as a lawyer (NP) by reason of having satisfactorily completed the relevant courses of instruction and passed the Part B examinations, and X must accordingly attend and satisfactorily complete the relevant courses of instruction and retake those examinations for the purposes of such admission; and

(b)

any practice training period already served by X is likewise disregarded.

(7)

An application for the Minister’s approval mentioned in subsection (1)(b) or (c), (3)(b), (4), (5)(a) or (b) or (6)(a) must —

(a)

be made before the prescribed date; and

(b)

be accompanied by the prescribed fee.

(8)

For the purposes of subsection (7), the Minister may prescribe different dates and different fees for different applications.

(9)

To avoid doubt, section 32(3) and (4) of the principal Act as in force immediately before the appointed date continues to apply to an individual mentioned in subsection (1) or (3) for so long as the old law applies to him or her.

(10)

Rules may be made under section 10(2) of the principal Act to prescribe a shorter duration of the practice training period for admission as an advocate and solicitor of the Supreme Court, for an individual to which subsection (2), (4) or (6) applies who satisfies the prescribed conditions.

(11)

Despite section 16, an individual —

(a)

who is an advocate and solicitor who does not hold a practising certificate; and

(b)

who immediately before the date of commencement of section 16, was a director, partner or shareholder in a Singapore law practice, Joint Law Venture, Qualifying Foreign Law Practice or licensed foreign law practice,may continue to be such director, partner or shareholder —

(c)

for a period of 2 years from that date; or

(d)

if before the expiry of that period he or she applies for registration under section 36G of the principal Act — until the date he or she is registered or the date the application is refused or withdrawn.

(12)

For a period of 2 years after the date of commencement of any provision of this Act, the Minister may, by regulations prescribe such additional provisions of a saving or transitional nature consequent on the enactment of that provision as the Minister may consider necessary or expedient.

(13)

In this section —

Definition

“appointed date” means the date of commencement of sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14 and 15 of this Act;

Definition

“new law” means the principal Act as in force on the appointed date;

Definition

“old law” means the principal Act as in force immediately before the appointed date;

Definition

“qualified person” has the meaning given by section 2(1) of the principal Act as in force immediately before the appointed date.

Read in full context — Legal Profession (Amendment) Bill →