NO. 878

ACTING APPOINTMENT

DIRECTOR

DEPARTMENT HUMAN AFFAIRS

Mrs. Jane Brett, Policy Analyst/Project Coordinator Department Human Affairs has been appointed to act as Director of Human Affairs from 6th November, 2009 to 18th November, 2009. (inclusive)

Kenneth S. Dill

Head of the Civil Services

NO. 879

Bermuda Regiment

Embodiment of the Bermuda Regiment

In accordance with the provisions of section 32 of the Defence Act 1965, His Excellency the Governor, Sir Richard Gozney, KCMG directs the embodiment of certain members of the Bermuda Regiment during the following period:-

Sunday 22nd November, 2009

to Thursday 26th November, 2009

Every member of the regiment affected by the order shall report at such place and at such time as may be specified in the order or made known to him by or through any of his officers or otherwise duly made known to him. The duration of the embodiment shall not terminate until His Excellency the Governor orders that the regiment or the part thereof, shall cease to be embodied.

Dated this 19thd day of October, 2009

Richard Gozney

Sir Richard Gozney, KCMG

Governor

NO. 880

ACTING APPOINTMENT

Judicial Department

Magistracy

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Mr. Graveney Bannister, Barrister & Attorney as Acting Magistrate & Coroner for 4th November 2009 to 16th November 2009.

Dated this 22nd day of October 2009

Signed

DEPUTY GOVERNOR

NO. 881

ACTING APPOINTMENT

Judicial Department

Magistracy

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Justice Ian Kawaley, to act as Chief Justice for the periods 14th October 2009 to 16th October 2009.

Dated this 22nd day of October 2009

Signed

DEPUTY GOVERNOR

NO. 882

ACTING APPOINTMENT

Judicial Department

Magistracy

His Excellency The Governor, after consultation with the Chief Justice, has approved the appointment of Mr. Peter Miller, Assistant Registrar to act as Registrar for the period 14th October 2009 to 16th October 2009.

Dated this 22nd day of October 2009

Signed

NO. 883

ORDER

INSURANCE ACT 1978

CANCELLATION OF REGISTRATION

UNDER SECTION 41(1)(a)

The BERMUDA MONETARY AUTHORITY in exercise of the powers conferred upon it by virtue of Section 41(1)(a) of the Insurance Act, 1978, ("The Act"), hereby cancels, at the request of the insurer(s) listed below, the respective Class 1 registration granted to the said insurer(s) under the Act:-

SABBEL INSURANCE LTD.

BY ORDER OF THE BERMUDA MONETARY AUTHORITY

Roderick Gray

Assistant Director, Insurance

Bermuda Monetary Authority

Dated this 26th day of October 2009

NO.884

LISTING OF PLANNING APPLICATIONS

REGISTERED

From Date: 10/19/2009 To Date: 10/23/2009.

Summary of Application Details

• The applications shown below are available for review during normal working hours at the Department of Planning, 3rd Floor, Government Administration Building, 30 Parliament Street, Hamilton.

• Any person wishing to object must do so within 14 days of the date of this publication (November 11, 2009).

• Letters of objection should state any interest which the objector(s) may have in property nearby, supply an address at which notice may be served on the objector(s) and provide a concise statement of the grounds of objection.

• For further information on the objection procedure see the Development and Planning (Applications Procedure) Rules 1997.

Application Application #

City of Hamilton

Ministry of Works & Engineering P0553/09

105 Front Street, City of Hamilton

Proposed War Memorial Structure in South East Corner of Property - Listed Building Site.

(Final)

Hamilton

Horton, Ms. Linda S0050/09

196 North Shore Road, Hamilton

Proposed Boundary Adjustment.

(Final Plan)

Sandys

Capuano, Mr. Barry S0049/09

3 Morgan Hill, Sandys

5 Morgan Hill, Sandys

103 Somerset Road, Sandys

Proposed Boundary Adjustment.

(Final Plan)

Smiths

Simonitsch, Mr. Heinz P0552/09

19 Saucos Hill, Smiths

Proposed Foreshore Stabalization.

(Final)

Fagundo Family P0554/09

31 Harrington Sound Road, Smiths

Proposed nearly Wholesale Removal of

Existing 4 Level Home to be Replaced with

2 Level Accessible (Barrier Free) Home -

Rendering all Areas of Property Wheel-Chair Accessible, Refurbishment of Driveway

- Care Give Apartment (2nd Unit)-In House

Physio, Pool and Gym

(Final)

BR 67 /2009

BERMUDA BAR ACT 1974

1974 : 105

BARRISTERS (ACCOUNTS AND RECORDS) AMENDMENT RULES 2009

The Bar Council, in exercise of the powers conferred by section 9 of the Bermuda Bar Act 1974, makes the following Rules:

Citation

1 These Rules, which amend the Barristers (Accounts and Records) Rules 1976 (the "principal Rules"), may be cited as the Barristers (Accounts and Records) Amendment Rules 2009.

Amends Rule 1

2 Rule 1 of the principal Rules is amended-

(a) in the definition "barrister" in paragraph (1), by inserting after the word "barrister" the words "and a professional company"; and

(b) by inserting the following after paragraph (2)-

"(3) In their application to professional companies, these Rules shall be read with any grammatical changes that may be necessary.".

Amends Rule 8

3 Rule 8(3) of the principal Rules is amended by deleting the definition "accountant" and substituting the following definition-

"accountant" means a member of the Institute of Chatrtered Accountants of Bermuda;".

Amends Schedule

4 The Schedule to the principal Rules is repealed and replaced by the following-

"SCHEDULE (Rule 8(3))

Accountant's Report under

the Barristers (Accounts and Records) Rules 1975

To: The Secretary,

The Bermuda Bar Council.

Dear Sir,

This report is prepared in respect of [blank] (name of barrister/firm of barristers/professional company 1 practising at [blank]

1 I am informed by the barrister/firm/professional company that he/they is/are engaged in the private practice of law as-

(a) a barrister under the name and style of [blank]

(b) a firm practising under the name and style of [blank]

(c) a professional company practising under the name and style of [blank]

2 (1) In the case of 1(a) or (b), I am informed by the barrister/firm that at the reporting date 2 -

(a) the names of all partners are-

(b) the names of all barristers employed are-

(c) the names of all barristers who became partners or employees during the re¬porting period are-

Name

Date joined

(d) the names of all barristers who ceased to be partners or employees during the reporting period are-

Name

Date left

(2) In the case of 1(c), I am informed by a director of the professional company that at the reporting date -

(a) the names of all directors of the company are-

(b) the names of all barristers who are members of the company are-

(c) the names of all barristers who are employees of the company-

(d) the names of all barristers who became members of the company during the re¬porting period are-

Name

Date joined

(e) the names of all barristers who became employees of the company during the re¬porting period are-

Name

Date joined

(f) the names of all barristers who ceased to be members or employees during the reporting period are-

Name

Date joined

(g) the names of all barristers who ceased to be members or employees during the reporting period are-

Name

Date left

3 I have inspected the books, records and accounts produced to me for the practice of the barrister/firm/professional company and, although I express no opinion on their accuracy or completeness, I report that my inspection indicated that the barrister/firm/ during the financial year ended [blank] day of [blank] 19 [blank] appeared to maintain-

(a) a book of original entry showing the date of receipt and source of money received in trust for every client and identifying the client concerned;

(b) a book of original entry showing every disbursement out of money held in trust for every client, and the date of every disbursement and the name of every recipient;

(c) a clients' trust ledger showing separately for each person on whose behalf money has been received in trust all such money received and disbursed, and any unexpected balance;

(d) a record showing all transfers of money between clients, trust ledger accounts and explaining the purpose for which each transfer is made;

(e) a book of original entry showing the date of receipt and source of all money received other than trust money;

(f) a book of original entry showing all disbursements of money other than trust money and showing the date of every disbursement, and the name of every recipient;

(g) a fees book or chronological file of copies of bills showing all fees charged and other bills issued to clients, the dates of such bills and charges, and identifying the clients so charged;

(h) bank statements or pass books, cashed cheques and detailed duplicate deposit slips for all trust and other accounts;

(i) pursuant to rule 4 of the Barristers (Accounts and Records) Rules 1975-

(a) a monthly comparison of-

(i) the total of the balances held in the trust account or trust accounts;

(ii) the total of all unexpended balances of funds held in trust for clients as they appear from the barrister's/ firm's/professional company's books and records,

together with the reasons for any differences between the totals;

(b) a list showing the amount of trust money held for each client and identifying the client;

(c) a reconciliation of each trust account;

(j) the following other books, records or accounts within rule 5 of the said Rules-

4 With regard to any item of paragraph 3 (a) to (i) above not answered affirmatively, we re¬port particulars as follows-

5 In connection with item (i) of paragraph 3 above, I have reviewed the books and other data produced to me [in a case where these have been produced] and would comment generally as follows in respect of differences and overdrawn accounts-

but, since the above review does not constitute an audit, I can express no opinion as to whether or not there were any overdrawn trust accounts or shortages in trust funds during the reporting period which were not disclosed in the said books and data or whether otherwise the said books and data were accurate or complete.

6 I have obtained from the barrister/firm/professional company a written declaration that rules 2 - 6 of the Barristers (Accounts and Records) Rules 1975 have been complied with or not, and, if not, in what respects they were not complied with, which exceptions were-

Name of Accountant (member of

Signature

Address

Date

I am the barrister filing this report and to the best of my knowledge and belief the facts as reported herein are accurate.

Full name of Barrister

Signature

Date

Notes:

1 Inappropriate words should be struck out throughout this Report according as the practice being reported on is that of a sole proprietorship, a partnership, or a professional company,

2 The reporting period is the financial year covered by the Accountant's inspection, and the reporting date is the last day of that financial year.

3 Yes, No or Not Applicable"

4 Where this Report is being completed and signed on behalf of a firm or a professional company, the barrister should include beneath his signature the word "Partner" or Director, to indicate that he is a partner in the firm or a director in the professional company, as the case may be.

Made by the Bar Council this 19th day of October, 2009

President

Secretary

Confirmed by the Chief Justice

this 21st day of October, 2009

Chief Justice

BR 68 /2009

BERMUDA BAR ACT 1974

1974 : 105

BERMUDA BAR (PROFESSIONAL COMPANIES) RULES 2009

The Bar Council, in exercise of the powers conferred by section 9 of the Bermuda Bar Act 1974, makes the following Rules:

Citation

1 These Rules may be cited as the Bermuda Bar (Professional Companies) Rules 2009.

Form of application

2 An application by a company under section 16C of the Act for a certificate of recognition as a professional company shall be in accordance with Form 1 of the Schedule, and shall be accompanied by the fee and documents listed in paragraph 2 of Form 1.

Form of certificate

3 A certificate of recognition as a professional company shall be in accordance with Form 2 of the Schedule.

Fees

4 The application fee for a certificate of recognition is $750 for the first application and $250 for each subsequent application by a company.

Suspension and revocation

5 (1) If the Council is of the opinion that a professional company does not meet the conditions set out in the Act, or is otherwise not in compliance with the Act or rules made under the Act, the Council shall give notice in writing (a "notice of non-compliance") to the company-

(a) specifying in what respect the company is not in compliance;

(b) requiring the company to bring itself into compliance within such period as the Council determines; and

(c) stating that the company has a period of 14 days from the date the notice is given to respond to the notice.

(2) After considering any response from a professional company, the Council shall confirm, vary or withdraw the notice of compliance by a further notice in writing (a "further notice") to the company.

(3) If a professional company fails to bring itself into compliance as required by a notice of compliance, or further notice, the Council may take such action as it considers appropriate, including-

(a) suspending the company's certificate of recognition for a period to be determined by the Council or until compliance; or

(b) revoking the company's certificate of recognition.

(4) The Council shall publish in the Gazette a notice of suspension or revocation of a certificate immediately following the period for appeal referred to in section 16E of the Act unless-

(a) an appeal against the suspension or revocation is made; and

(b) the court grants a stay of the suspension or revocation pending the appeal.

(5) Where a stay has been granted in an appeal and the appeal is subsequently dismissed, the Council shall publish in the Gazette a notice of suspension or revocation of a certificate immediately following a final decision on the appeal.

(6) If a professional company whose certificate of recognition has been suspended or revoked subsequently brings itself into compliance, the Council shall reinstate the company's certificate of recognition and publish notice of the reinstatement in the Gazette.

Deemed revocation

6 (1) The certificate of recognition of a professional company is deemed to have been revoked from the date of-

(a) commencement of a voluntary winding-up of the company under the Companies Act 1981; or

(b) the making of a winding-up order in respect of the company by the Supreme Court under the Companies Act 1981.

(2) If the sole shareholder of a professional company dies or ceases to hold a valid practising certificate, the company's certificate of recognition is deemed to have been revoked on the date when the shareholder dies or ceases to hold a valid practising certificate.

(3) As soon as the Council becomes aware that a certificate of recognition is deemed to have been revoked under paragraph (1) or (2), the Council shall publish notice of the deemed revocation in the Gazette.

Register of Professional Companies

7 (1) The Register of Professional Companies established under section 16F of the Act shall contain the information referred to in paragraph (2).

(2) Every professional company shall provide the Council with the following information and documents in relation to the company-

(a) the name of the company;

(b) a copy of the company's certificate of incorporation and memorandum of association;

(c) the address of the principal office of the company;

(d) the name of all shareholders and directors of the company; and

(e) the name of all barristers who are members or employees of the company and all registered associates who are employees of the company.

(3) Every professional company shall, within 30 days after any change in the information or documents referred to in paragraph (2), notify the Council of that change.

(4) If the certificate of recognition of a professional company has been revoked or is deemed to have been revoked, the name of the company shall be removed from the Register.

SCHEDULE

FORM 1 (Rule 2)

THE BERMUDA BAR ACT 1974

APPLICATION

for a

CERTIFICATE OF RECOGNITION

To: The Bermuda Bar Council.

I, [name of applicant] hereby apply on behalf of [name of company] (the "Company") for a Certificate of Recognition under section 16C of the Bermuda Bar Act 1974 (the "Act").

I hereby state that the following particulars are true-

1 I was admitted as a Barrister and Attorney under section 51 of the Supreme Court Act 1905 and I am not now suspended under section 57 of that Act and my name is not now removed from or struck off the Roll.

2 The Company was incorporated on [date] and the following items accompany this application-

(a) a copy of the certificate of incorporation of the Company

(b) a copy of the memorandum of association of the Company certified by the secretary of the Company;

(c) a list of shareholders and directors of the Company certified by the secretary of the Company;

(d) a list of all barristers who are members or employees of the company and all registered associates who are employees of the company;

(e) a certificate of insurance confirming that the Company has professional liability insurance under section 16B(1)(h) of the Act that meets the requirements of paragraph 4 of the Bermuda Bar (Insurance) Rules 2009;

(f) a declaration under section 16C(6)(b) of the Act, signed by a director of the Company, confirming that the conditions set out in section 16B of the Act are met in respect of the Company;

(g) fee of $750 (for a first application) or fee of $250 (for a subsequent application)*

*delete whichever is inapplicable..

Signature of applicant

Director of [name of company]

Dated this day of 20

(*delete whichever is inapplicable)

FORM 2 (Rule 4)

THE BERMUDA BAR ASSOCIATION

THE BERMUDA BAR ACT 1974

CERTIFICATE OF RECOGNITION AS A PROFESSIONAL COMPANY

The Bermuda Bar Council hereby certifies that [name of company], having complied with the requirements of section 16B of the Bermuda Bar Act 1974 and paid the prescribed fee, is recognized as a professional company under Part IVA of that Act, and as such is entitled to provide professional services of the sort provided by individuals who practise as barristers and attorneys in Bermuda, or act as registered associates in Bermuda, for the period from the date of issue of this certificate to the 31st day of December, 20 .

Issued this day of , 20

Signature of President

Signature of Secretary

Made by the Bar Council this 19th day of October , 2009

President

Secretary

Confirmed by the Chief Justice

this 21st day of October, 2009

Chief Justice

BR 69 /2009

BERMUDA BAR ACT 1974

1974 : 105

BERMUDA BAR (INSURANCE) RULES 2009

The Bar Council, in exercise of the powers conferred by sections 9, 13A(2), 13B(2) and 16B(2) of the Bermuda Bar Act 1974, makes the following Rules:

Citation

1 These Rules may be cited as the Bermuda Bar (Insurance) Rules 2009.

Minimum requirements for individual barristers

2 The following are the minimum requirements for a policy of professional liability insurance for an individual barrister under section 13A of the Act-

(a) the aggregate limit for coverage must be not less than $1,000,000;

(b) any excess payable by the person insured must not reduce the limit of liability under paragraph (a);

(c) the policy must provide coverage for liability for errors, omissions and negligent acts arising out of the practice of law by the barrister concerned; and

(d) the policy must contain a requirement that the insurance company notify the Bar Council immediately of any cancellation of the insurance coverage or of any reduction of the insurance coverage below the limit required under paragraph (a).

Minimum requirements for firms of barristers

3 The following are the minimum requirements for a policy of professional liability insurance for a firm of barristers under section 13B of the Act-

(a) the aggregate limit for coverage must be not less than $1,500,000 for a firm with up to 3 barristers who are partners or employees of the firm, and not less than $2,000,000 for a firm having more than 3 barristers:

(b) any excess payable by the firm must not reduce the limit of liability under paragraph (a);

(c) the policy must provide coverage for liability for errors, omissions and negligent acts arising out of the practice of law by the firm and by barristers who are partners or employees of the firm; and

(d) the policy must contain a requirement that the insurance company notify the Bar Council immediately of any cancellation of the insurance coverage or of any reduction of the insurance coverage below the limit required under paragraph (a).

Minimum requirements for professional companies

4 The following are the minimum requirements for a policy of professional liability insurance for a professional company under section 16B(1)(h) and (2) of the Act-

(a) the aggregate limit for coverage must be not less than $1,500,000 for the first 5 barristers who are members or employees of the company, and $1,000,000 for each unit (or part of a unit) of 5 barristers after the first 5, up to a maximum of $10,000,000 for a company having 50 or more barristers;

(b) any excess payable by the company must not reduce the limit of liability under paragraph (a);

(c) the policy must provide coverage for liability for errors, omissions and negligent acts arising out of the practice of law by the company and by barristers who are members or employees of the company; and

(d) the policy must contain a requirement that the insurance company notify the Bar Council immediately of any cancellation of the insurance coverage or of any reduction of the insurance coverage below the limit required under paragraph (a).

Commencement

5 Paragraphs 2 and 3 of these Rules come into operation on October 2, 2010.

Made by the Bar Council this 19th day of October, 2009

PresidentSecretary

Confirmed by the Chief Justice

this 21st day of October, 2009

Chief Justice