Legal Services Professionals
The Criminal Justice (Proceeds of Crime (Bailiwick of Guernsey) (Amendment) (No.3) Ordinance will come into force on 20th October 2023 bringing into effect schedules 8 and 9 of The Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey Law 1999 (the "schedule").
Schedule 8 establishes the office of the Administrator of non-locally qualified legal professionals (the "Administrator") and requires a specified legal services person who is either a non-locally qualified legal professional, or a relevant person within the meaning of the schedule to notify the Administrator with such information as may be required including, but not limited to, information relating to the minimum standards test.
A specified legal services person, being non-locally qualified, means:
- a lawyer,
- notary, or
- other independent legal professional
(where "non-locally qualified" means not being admitted as an Advocate)
Those persons who are:
- a partner, director (or equivalent to those roles) of a non-local legal services business who provides services in, or from within, the Bailiwick,
- any other person who provides non-local legal services in, or from within, the Bailiwick, where that person also participates in, or is in any way concerned (directly or indirectly) in the management of a non-local legal services business,
- a Money Laundering Reporting Officer or a Money Laundering Compliance Officer of a non-local legal services business, or
- a relevant person (being the beneficial owner of a non-local legal services business)
are required to notify the Administrator:
- before they become a specified legal services person, or otherwise become a relevant person, or
- if on the coming into force of the schedule a person is a specified legal services person or relevant person, within 14 days of the schedule coming into force.
Guidance on the initial and ongoing notification requirements can be found here: Legal Services [168kb]
Notifications are made via online forms which can be found through the below links:
A specified legal services person, or relevant person who has made an initial notification must provide to the Administrator the information relating to the minimum standards test within 21 days of being requested to do so and notify the Administrator within 21 day after being convicted of a specified offence or any other change in respect of the information previously provided.
If you require any further information, please contact the Registry on 01481 222800 or email email@example.com