Advocates (Senior Counsel) Regulations

2. Interpretation

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What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“Interpretation”

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Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

3. Eligibility for rank of Senior Counsel

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What this section does

Governing rule

This section states the governing statutory rule for “Eligibility for rank of Senior Counsel”.

“Eligibility for rank of Senior Counsel”

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Use this section as the starting statutory rule for “Eligibility for rank of Senior Counsel”, together with the linked provisions and current consolidation.

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Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

4. Attorney General and president of Uganda

Law Society to be Senior Counsel

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What this section does

Governing rule

This section states the governing statutory rule for “Attorney General and president of Uganda”.

“Law Society to be Senior Counsel”

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Practical effect

Use this section as the starting statutory rule for “Attorney General and president of Uganda”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

5. Establishment of Committee on Senior Counsel

The text of this section isn't in the consolidation we hold — see the original PDF above.

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Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Establishment of Committee on Senior Counsel”.

“Establishment of Committee on Senior Counsel”

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Practical effect

Use this section as the starting statutory rule for “Establishment of Committee on Senior Counsel”, together with the linked provisions and current consolidation.

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Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

6. First meeting of Committee

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What this section does

Governing rule

This section states the governing statutory rule for “First meeting of Committee”.

“First meeting of Committee”

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Use this section as the starting statutory rule for “First meeting of Committee”, together with the linked provisions and current consolidation.

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Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

7. Functions of Committee

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What this section does

Governing rule

This section states the governing statutory rule for “Functions of Committee”.

“Functions of Committee”

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Use this section as the starting statutory rule for “Functions of Committee”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

8. Application for rank of Senior Counsel

The text of this section isn't in the consolidation we hold — see the original PDF above.

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What this section does

Scope rule

This section defines when and how “Application for rank of Senior Counsel” applies.

“Application for rank of Senior Counsel”

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Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

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Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

9. Grant of rank of Senior Counsel

The text of this section isn't in the consolidation we hold — see the original PDF above.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Grant of rank of Senior Counsel”.

“Grant of rank of Senior Counsel”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Grant of rank of Senior Counsel”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

10. Privileges and responsibilities of Senior Counsel

I1 . Revocation of rank of Senior Counsel

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Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Privileges and responsibilities of Senior Counsel”.

“I1 . Revocation of rank of Senior Counsel”

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Practical effect

Use this section as the starting statutory rule for “Privileges and responsibilities of Senior Counsel”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Revocation of the Advocates (Special Rank)

Regulations SI 267-8 SCHEDULE FORMS

Form I Application for the grant of the rank of Senior Counsel

Form 2 Grant of the rank of Senior Counsel

ST AT UT 0 R Y INST R U MENTS

2018 No.6.

The Advocates( Senior Counsel) Regulations, 2018. (Under section 77 (1) (f) of the Advocmes Act, Cap. 267).

I EXERCISE of the powers conferred upon the Law Council by section 77 (1) (f) of the Advocates Act, these Regulations are made this 23rd day of February, 2018.

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What this section does

Governing rule

This section states the governing statutory rule for “Revocation of the Advocates (Special Rank)”.

“Regulations SI 267-8 SCHEDULE FORMS”

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Use this section as the starting statutory rule for “Revocation of the Advocates (Special Rank)”, together with the linked provisions and current consolidation.

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Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Advocates Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Title

These Regulations may be cited as the Advocates (Senior Counsel) Regulations, 2018.

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What this section does

Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Regulations may be cited as the Advocates (Senior Counsel) Regulations, 2018.”

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Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

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Elements or requirements

Operative requirements extracted from the consolidated text.

1

These Regulations may be cited as the Advocates (Senior Counsel) Regulations, 2018.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

2. Interpretation

In these Regulations, unless the context otherwise requires-

·'Act" means the Advocates Act Cap. 267;

'"Committee" means the Committee on Senior Counsel.

3. Eligibility for rank of

An advocate is eligible for the rank of Senior Counsel where the advocate-

(a)

has professional competence and experience of legal practice, within Uganda, of a period of not less than ten years;

(b)

demonstrates integrity, appropriate temperament and respect for professionalism in accordance with the Advocates (Professional Conduct) Regulations;

(c)

has contributed to jurisprudence through publication from research or teaching;

(d)

has argued a substantive matter in a superior court of record, a regional or international court; and

(e)

does not have a pending disciplinary case or complaint against him or her.

4. A ttorney General and president of Uganda LawSociety to be

Notwithstanding regulation 3, an advocate who serves as the Attorney General or as the president of the Uganda Law Society, shall by virtue of the respective office, be granted the rank of Senior Counsel and shall continue to be Senior Counsel after ceasing to be Attorney General or president of the Uganda Law Society, respectively.

5. Establishment of Committee on

(1)

There is established a Committee known as the Committee on Senior Counsel which shall comprise-

(a)

a Justice of the Supreme Court, nominated by the Chief Justice, who shall be the chairperson of the Committee;

(b)

the chairperson of the Law Council:

(c)

the Attorney General:

(d)

the president of the Uganda Law Society;

(e)

two Senior Counsel;

(f)

an advocate, not being a Senior Counsel, nominated by the Executive Council of the Uganda Law Society; and

(g)

the secretary to the Law Council. who shall be the secretary to the Committee.

(2)

The persons nominated under subregulation (1) (a), (e) and (f) shall serve for a term of three years, which may be renewed once.

(3)

The quorum at a meeting of the Committee shall be five members.

(4)

The Committee shall have not less than two sittings in a year.

(5)

The member referred to in subregulation (1) (f) shall be an advocate with at least ten years' experience of legal practice.

6. First meeting of Committee

(I)

The Committee shall at its first sitting after the commencement of these Regulations-

(a)

recommend to the Chief Justice to grant the rank of Senior Counsel to an advocate who served as Attorney General or as president of the Uganda Law Society, respectively; and

(b)

consider any applications for the rank of Senior Counsel made under the Advocates (Special Rank) Regulations, Statutory Instrument 267-8.

(2)

For the avoidance of doubt, the Committee shall, at its first meeting, meet without the Senior Counsel referred to in subregulation S(l) (e), but the proceedings of the Committee shall not be invalidated by the vacancies.

7. Functions of Committee

The functions of the Committee are-

(a)

to receive and consider applications submitted to it and where the Committee is of the opinion that the applicant qualifies to be granted the rank of Senior Counsel, recommend to the Chief Justice for the grant of the rank of Senior Counsel to the advocate; and

(b)

to receive and consider applications for the revocation of the rank of Senior Counsel and make recommendations to that effect to the Chief Justice.

(2)

For purposes of these Regulations, the Committee may-

(a)

conduct a hearing for an advocate who applies for the grant of the rank of Senior Counsel;

(b)

summon an advocate recommending an applicant for the rank of Senior Counsel, to appear before the Committee;

(c)

conduct a hearing for any person objecting to an application for the rank of Senior Counsel: and

(d)

conduct a hearing under subregulation 8(5) for a person who makes an application for the revocation of the rank of Senior Counsel under regulation 11(1) (c).

8. A pplication for rank of

( l) An advocate who wishes to be granted the rank of Senior Counsel, shall apply to the Committee in Form I set out in the Schedule to these Regulations.

(2)

An application under subregulation (I) shall be accompanied by-

(a)

copies of the testimonials of the educational and professional qualifications of the advocate;

(b)

a record of the advocate's contribution to jurisprudence, including publications from research and teaching:

(c)

a record of the substantive matter argued by the advocate in a superior court of record or in a regional or international court: and

(d)

written recommendations from five advocates of not less than ten years' legal practice.

(3)

For purposes of subregulation (2) (b) and (c), an applicant shall avail to the Committee ten copies of his or her publications from research or teaching.

(4)

The secretary to the Commitree shall, at least thirty days before the meeting of the Committee, issue a notice with the names of the advocates who have applied for the grant of the rank of Senior Counsel on the website of the Uganda Law Society and in a newspaper of wide circulation in Uganda.

(5)

The notice in subregulation (4) shall invite any advocate or member of the public with any objection to an application, to notify the Committee in writing, within fourteen days from the date of issuance of the notice.

(6)

The Committee shall not consider an application until all , objections raised under subregulation (5) have been dealt with and for that purpose, the Committee may-

(a)

accord a person who objects to an application, such hearing as it deems necessary; and

(b)

grant an applicant the opportunity to be heard on any allegation or finding that may adversely affect his or her application.

9. Grant of rank of Senior Counsel

(1)

Where the Committee makes a recommendation under subregulation 7(1), the Chief Justice shall, grant the rank of Senior Counsel, to the advocate recommended by the Committee in Form 2, set out in the Schedule to these Regulations.

(2)

The secretary to the Committee shall publish the names of the advocates granted the rank of Senior Counsel in the Uganda Gazette and in the newsletter of the Uganda Law Society.

10. Privileges and responsibilities of Senior Counsel

(I)

An advocate granted the rank of Senior Counsel shall-

(a)

use the title "Senior Counsel" or the initials ''SC" after his or her name;

(b)

appear in court in a black gown, with purple embroidery, silk flaps and a wig, purchased from suppliers recommended by the Uganda Law Society;

(c)

have precedence in having his or her matter mentioned, when appearing before a court, a tribunal or a similar forum; and

(d)

enjoy other privileges as the Law Council, the Courts of Judicature or the Executive Council of the Uganda Law Society may bestow.

(2)

An advocate granted the rank of Senior Counsel shall-

(a)

not appear in a cou1t below the High Court; and

(b)

appear in court with an assistant counsel. who is not a Senior Counsel.

(3)

Notwithstanding subregulation (2) (b), a Senior Counsel may, with the prior approval of the Law Council, appear in court without an assistant counsel.

(4)

The assistant counsel who appears in court with a Senior Counsel shall be entitled to fees not exceeding one-third of the fees charged by the Senior Counsel.

11. Revocation of rank of

( l ) The Committee may recommend to the Chief Justice, the revocation of the rank of Senior Counsel held by an advocate, where-

(a)

the advocate granted the rank of Senior Counsel is convicted of an offence of moral turpitude under the Advocates (Professional Conduct) Regulations, or by a professional body outside Uganda;

(b)

the Committee on its own motion determines that the advocate has ceased to be qualified for the rank of Senior Counsel under regulation 3: or ,.·

(c)

an advocate or any other person makes an application to the Committee for the revocation of the rank of Senior Counsel, and the Committee is satisfied that the grant of the rank of Senior Counsel held by the advocate, should be revoked.

(2)

For purposes of subregulation 1 (b) and (c), the Committee shall conduct an inquiry before recommending to the Chief Justice, the revocation of the rank of Senior Counsel.

(3)

The Committee shall, where it is satisfied that the rank of Senior Counsel should be revoked, make a recommendation to the Chief Justice with a copy to the affected advocate, and shall state the reason for its recommendation.

(4)

The Chief Justice shall revoke the rank of Senior Counsel of the advocate, upon receipt of the Committee's recommendation for revocation of the rank of Senior Counsel.

(5)

An advocate whose rank of Senior Counsel is revoked, shall not use the designation of Senior Counsel and shall cease to enjoy the privileges accorded to Senior Counsel under these Regulations.

(6)

The Committee shall determine its own procedures for holding an inquiry under these Regulations.

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What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Revocation of rank of”.

“( l ) The Committee may recommend to the Chief Justice, the revocation of the rank of Senior Counsel held by an advocate, where-”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(a) the advocate granted the rank of Senior Counsel is convicted of an offence of moral turpitude under the Advocates (Professional Conduct) Regulations, or by a professional body outside Uganda;
(b) the Committee on its own motion determines that the advocate has ceased to be qualified for the rank of Senior Counsel under regulation 3: or ,.·
(c) an advocate or any other person makes an application to the Committee for the revocation of the rank of Senior Counsel, and the Committee is satisfied that the grant of the rank of Senior Counsel held by the advocate, should be revoked.
(2) For purposes of subregulation 1 (b) and (c), the Committee shall conduct an inquiry before recommending to the Chief Justice, the revocation of the rank of Senior Counsel.
(3) The Committee shall, where it is satisfied that the rank of Senior Counsel should be revoked, make a recommendation to the Chief Justice with a copy to the affected advocate, and shall state the reason for its recommendation.
(4) The Chief Justice shall revoke the rank of Senior Counsel of the advocate, upon receipt of the Committee's recommendation for revocation of the rank of Senior Counsel.
(5) An advocate whose rank of Senior Counsel is revoked, shall not use the designation of Senior Counsel and shall cease to enjoy the privileges accorded to Senior Counsel under these Regulations.
(6) The Committee shall determine its own procedures for holding an inquiry under these Regulations.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

12. Procedure for inquiries The Committee shall determine its own

procedure for holding an inquiry under subregulations 7(2), 8(6) and 11(2)

13. Revocation of the Advocates (Special Rank) Regulations S I

267-8 The. Advocates (Special Rank) Regulations S 1 267-8 are revoked.

SCHEDULE

FORMS Form 1

Regulation 8( 1)

APPLICATION FOR THE GRANT OF THE RANK OF

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What this section does

Governing rule

This section states the governing statutory rule for “Revocation of the Advocates (Special Rank) Regulations S I”.

“267-8 The. Advocates (Special Rank) Regulations S 1 267-8 are revoked.”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Revocation of the Advocates (Special Rank) Regulations S I”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

1. Name (in full) .................................................................

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2. Date of birth . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. Hotne address .....................................................................

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4. Business address .................................................................

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5. Education qualifications (including prizes and honours

awarded)

6. Professional qualifications obtained (include dates)

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7. Date of enrollment as

an advocate............................................ .

8. Professional career/employment record (include dates)

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9. State any other appointments or honours held (include dates)

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10. List of publications (from research or teaching)

I I. Give title of the substantive matter argued in a superior court of record. regional or international court and attach a copy of the record

12. (a) Do you practice with another advocate in your chambers?

(b)

If so, state the name of the advocate and his or her qualifications and date of enrollment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. Any additional information which may be

relevant to the application

14. Particulars of recommenders and their addresses

and telephone contacts (a) (b) (c) (d) (e)

Advocate Date

Form 2 }- Regulation 9( 1)

THE ADVOCATES ACT CAP. 267

GRANT OF THE RANK OF SENIOR COUNSEL

Know ye that Hon. Chief Justice ......... . ....... ...... ............ ........ ... ........ Has been pleased to honour, grant and confer upon the distinguished and learned.... .. ........... .......................... ...... . ... .. . ............ . . . . .... an advocate of the High Court of Uganda, the rank of Senior Counsel at the Bar of the Republic of Uganda to practice as such in the courts of the said Republic of Uganda, to hold and enjoy the rights, powers and privileges attaching to and flowing therefrom and to observe and execute all duties and obligations pertinent and attendant to the same for so long as the said Rank is not revoked and to hold the said rank hereby granted in accordance with the Advocates Act.

IN WITNESS WHEREOF. His Lordship the Chief Justice has caused this grant to be made, signed. sealed and delivered this..... ...day of... . . .. ........ ....in the year of our Lord . ... ....... . .. . .. . . .... .. ....

Signature ....................................... CHIEF JUSTICE

JUSTICE REMMY KASULE, (Chairperson Law Council/Justice, Court of Appeal and Constitutional Court)

History: S.I. 1811978. Cross Reference Advocates (Professional Conduct) Regulations, S.1 267-2.

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What this section does

Governing rule

This section states the governing statutory rule for “Particulars of recommenders and their addresses”.

“and telephone contacts (a) (b) (c) (d) (e)”

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Practical effect

Use this section as the starting statutory rule for “Particulars of recommenders and their addresses”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Advocates Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Advocates (Senior Counsel) Regulations

About this Act

Full text of the Act