Court Officers Act, 1945

Appointment of Probate Officer or Examiner.

6.—(1) An appointment under the Principal Act of a person to be a Probate Officer or an Examiner shall be made as follows:—

(a) the Minister, after consultation with the President of the High Court, may appoint a person who at the time of the appointment is employed in an office established under Part I of the Principal Act and who either—

(i) is a barrister or solicitor, or

(ii) has, during the whole of the twelve years next preceding the appointment, been employed in an office or offices established under Part I of the Principal Act,

(b) if the Minister, after consultation with the President of the High Court, is satisfied that none of the persons qualified to be appointed under paragraph (a) of this subsection is suitable to be appointed, he may appoint—

(i) a person who at the time of the appointment is a barrister of not less than six years' standing who either is then actually practising or has previously practised for not less than six years, or

(ii) a person who at the time of the appointment is a solicitor of not less than six years' standing who either is then actually practising or has previously practised for not less than six years.

(2) In determining for the purposes of paragraph (b) of subsection (1) of this section the period during which a person has practised as a barrister or solicitor, any period during which he served in a situation in the Civil Service for which previous practice as a barrister or solicitor was specified (whether by statute or otherwise) as an essential qualification shall be regarded as a period of such practice.

(3) Sections 23 and 24 of the Principal Act are hereby repealed.