| (1) |
The Minister may after consultation with, except in the case of regulations made under paragraph (f) or (g), the Chief Justice of South Africa and after consultation with the presidents of the various societies make regulations determining the following: |
| (a) |
the countries or territories which shall be approved of for the purposes of section 13(1) or 17 and be designated for the purposes of section 13(1)(a)(ii), and the class or classes of persons which shall be designated for the purposes of sections 13(1) and 17; |
[Section 81(1)(a) amended by section 4 of Act No. 60 of 1982]
[Section 81(1)(b) inserted by section 20 of Act No. 115 of 1993]
| (c) |
whether any person referred to in section 13(1) shall be exempted or not from passing any practical examination referred to in section 14(1)(a), (b) or (c) or any part thereof before being admitted and enrolled as an attorney under this Act; |
| (d) |
the circumstances under which any person shall, for the purposes of admission as a notary or conveyancer under section 18, be exempted from passing the practical examination referred to in section 14(1)(d) or (e); |
| (e) |
the rights, duties and powers of a curator bonis appointed under section 78(9); |
| (f) |
the time when and the manner in which any interest referred to in section 78(3) shall be paid to the fund; |
| (g) |
the acts which shall not be performed by any person other than a practitioner or an agent referred to in section 22 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944); |
| (h) |
the certificate which shall be endorsed on any document specified in the regulations by any person preparing such document for or on behalf of any other person; |
| (i) |
[Section 81(1)(i) deleted by section 4 of Act No. 33 of 1995] |
| (j) |
the conditions for the purposes of section 13A on which a person contemplated in section 13(1)(a)(ii) who has been admitted and enrolled as an attorney in terms of this Act, shall be allowed to practise before being entitled to practise on his own account. |
[Section 81(1)(j) inserted by section 5(c) of Act No. 76 of 1980]
[Section 81(1) amended by section 4 of Act No. 56 of 1983]
| (2) |
The Minister may, for the purposes of the provisions of this Act relating to the fund, with the concurrence of the Chief Justice of South Africa and after consultation with the presidents of the several societies, make regulations relating to— |
| (a) |
the method of payment and recovery of any contribution to the fund; |
[Section 81(2)(b) amended by section 7 of Act No. 80 of 1985]
| (bA) |
the investment of the money available for investment in terms of section 38(4); |
[Section 81(2)(bA) inserted by section 7(b) of Act No. 80 of 1985]
| (c) |
the form in which and the periods within which notice is to be given to a society and the board of control in respect of claims against the fund and the particulars thereof, and the conditions subject to which and the extent to which the board of control may settle claims without recourse to legal proceedings; |
| (d) |
the form of certificates to be issued to practitioners and of declarations, applications, notices and documents to be used in relation to any application or refusal of any application relating to the fund; |
| (e) |
the obtaining of evidence for the purposes of the fund that any person has been admitted to practise or is still practising or has ceased to practise, or as to the reason why any person has discontinued practice, and generally for the obtaining of information which is considered necessary or desirable for the purposes of determining the merits of applications for fidelity fund certificates or matters related thereto; |
| (f) |
the election of a chairperson, vice-chairman and other office-bearers of the board of control; |
| (g) |
the appointment, remuneration and dismissal of officers of the board of control; |
| (h) |
the opening of offices for and the regulation of the management and administration of the board of control, including the manner and form in which all agreements, deeds and documents shall be drawn up and executed by, for or on behalf of the board of control; |
| (i) |
the authorisation of the board of control or any committee thereof to subpoena and to examine on oath any person whose evidence is deemed necessary to enable the said board or committee to decide on the validity of any claim submitted against the fund; |
| (j) |
generally, such other matters which are considered necessary for the implementation of the intention of this act, in respect of the fund. |
| (3) |
Regulations made under subsection (1)(g) may provide for exemption, either temporarily or permanently or partially or wholly, from the prohibitions therein contained in respect of particular persons or categories of persons or in respect of any specified matter connected with any act mentioned in such regulations: Provided that no exemption granted permanently shall be cancelled or withdrawn unless such cancellation or withdrawal has been approved by resolution of Parliament. |
[Section 81(3) amended by section 29(b) of Act No. 87 of 1989]
| (4) |
Any regulations made under subsection (1)(h) may provide for penalties by way of a fine not exceeding R1 000 or imprisonment for a period not exceeding three months for any contravention thereof or failure to comply therewith. |
[Section 81(4) amended by section 20(c) of Act No. 87 of 1989]
| (5) |
Regulations made by the Minister under subsection (2) shall be published in the Gazette and shall thereupon have the same force and effect as if they were enacted in this Act. |
Older Persons Act, 2006
