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Legal Advisors
Legal Advisors Authority System

First:

An authority in the General Secretariat in the Shura Council called the (Legal Advisors Authority) is created which follows the Council’s President.


Second:

The Legal Advisors Authority has the following functions in particular:

  1. Providing consultations, memos, reports and studies in the legal matters to the Council’s President, Bureau, committees and the members.
  2. The attendance of one or more members of the Authority in the meetings of the Council’s committees and to express opinion when so is requested.
  3. Preparing notes and writing reports and studies in the Authority’s competence.
  4. Preparing the final versions of the Council's resolutions relating to draft laws and proposed laws and preparing the communications thereon to the President of the Council of Representatives and the Minister of the Office of the Prime Minister, as the case may be.
  5. Reviewing the reports of the Council’s committees before submitting them to the Council’s President if the president of the committee so requests.
  6. Reviewing the proposed laws submitted by the members of the Council and indicating the availability of the legal conditions in them before referring them to the competent committees of the Council if the Council’s President so requests
  7. Expressing opinion on the determination of the competent committee to consider proposals and draft laws.
  8. Providing the legal opinion to the General Secretary of the Council and the Personnel Affairs Committee regarding the application of administrative rules and regulations.
  9. Training the Council’s cadres in the Authority’s fields of competence.
  10. Any other acts referred to it by the Council’s President or the General Secretary.


Third:

Forming the Legal Advisors Authority from a sufficient number of legal advisers, and it’s required by those who are appointed or hired as a legal advisor in the Authority, in addition to the general conditions required in public office holders, that they have experience in their competencies after receiving a bachelor's degree or its equivalent for a period of not less than fifteen years, and such period shall be reduced with two years for those holding a master's degree of specialization and four years for those with a doctorate of specialization. Service regulations that apply to other employees of the General Secretariat shall apply to them, and non-Bahrainis who are hired by legal advisor contracts with the indicated conditions shall be subject to the service regulations that apply to other employees of the General Secretariat in addition to the rights and obligations stipulated by their contracts.


Fourth:

The Authority shall be assisted in its work by a sufficient number of assistant legal advisors, legal researchers and administrative staff and the service regulations applicable to other employees of the General Secretariat shall apply to them.


Fifth:

A person appointed by a decision issued by the Council’s President from among its legal advisers shall chair the Authority, coordinate the work between its members and represent it at the presidency of the Council, in accordance with the considerations of academic qualifications, obsolescence and years of experience. Also, some of his tasks are attending the public meetings of the Council and to express the legal opinions during the discussions and deliberations of the members in what’s submitted to them in accordance with the procedures followed whenever requested by the Council President or the President of the meeting.


Sixth:

The Authority shall only express an opinion in any matter with a referral from the Council’s President.


Seventh:

Opinions and consultations shall not be issued in matters referred to the Authority by the Council’s President, except in the name of the Authority and after the deliberation between all its advisors and the approval of the majority of the Authority’s advisors, and in the case of a tie, the side with the Authority’s President shall cast the deciding vote.


Eighth:

No member of the Authority shall express an opinion individually except in the case of attending meetings of the committees or the Council, and when urgent opinion is required. However, this opinion must be consistent with the Authority's previous opinions. And if the topic is controversial and more likely to have more than one the opinion, the topic shall be referred to the Council’s President for the referral to the Authority to express an opinion that’s agreed upon by all of its members, and this opinion shall be a substitute for the commitment and defense of all members of the Authority.


Ninth:

The Authority may take the following procedures:

  1. The Authority shall meet at the invitation of its President or a majority of its members, provided that the Authority shall have at least one meeting per month.
  2. The Authority may invite any person it considers concerned with the topic referred to it to seek clarification from him.
  3. The minutes of the meetings of the Authority shall be written by one of the legal researchers of the Authority.
  4. Members of the Authority are prohibited from disclosing the confidentiality of its deliberations.
Page last updated on: 14/08/2018 10:30 AM