Section 63
Section 63
The Law Society of Brunei Darussalam shall be a body corporate with perpetual succession and a common seal and with power, subject to the provisions of this Act and of any order under section 62(1), to sue and be sued in its corporate name and to acquire and dispose of property, both movable and immovable and to do and to perform such other acts as bodies corporate may by law perform.
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Bank accounts kept by advocates and solicitors
Bank accounts 64.
Where an advocate and solicitor keeps an account with a bank in pursuance of rules under section 23 (as saved by section 5(2) of the Legal
Profession Act (Amendment) Order, 2003) (S 40/2003) or in pursuance of rules made by the Society with the approval of the Chief Justice under the powers conferred on it by Schedule 1 —
(a)
the bank shall not incur any liability, or be under any obligation to make any inquiry, or be deemed to have any knowledge of any right of any person to any money paid or credited to the account, which it would not incur or be under or be deemed to have in the case of an account kept by a person entitled absolutely to all the money paid or credited to it; and
(b)
the bank shall not have any recourse or right against money standing to the credit of the account, in respect of any liability of the advocate and solicitor to the bank, other than a liability in connection with the account.
Supplementary
Rules 65.
(1)
Without prejudice to any other power to make rules, the Chief
Justice with the approval of His Majesty the Sultan and Yang Di-Pertuan may make such rules not inconsistent with the provisions of this Act as he may consider necessary or expedient for the purposes of this Act.
(2)
Without prejudice to the generality of subsection (1), rules made under that subsection may —
(a)
(deleted);
(aa) prescribe the manner in which contigency fees, as defined in such rules, may be taken by advocates and solicitors and the proceedings in which and conditions on which these shall be payable;
(b)
prescribe alternative qualifications for the purposes of section 3(2);
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(c)
prescribe the requirements and conditions of service of the period of pupillage for qualified persons all the conditions for any exemption from all or any part of such service; and
(d)
prescribe any fee or other thing authorised or required to be prescribed under any provision of this Act.
Consequential amendments, repeal and transitional provisions 66.
(1)
References in any other written law or in any instrument to an advocate shall be construed as references to an advocate and solicitor.
(2)
The Advocates Enactment, 1957 (No. 22 of 1957) is hereby repealed.
(3)
The transitional provisions contained in Schedule 2 shall have effect.
(4)
Nothing in this Act shall be taken as prejudicing the operation of section 10 of the Interpretation and General Clauses Act (Chapter 4) (which relates to the effect of repeals generally).
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