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2004 No. 1628

LEGAL PROFESSION, ENGLAND AND WALES

LEGAL PROFESSION, NORTHERN IRELAND

The European Communities (Lawyer's Practice) (Amendment) Regulations 2004

  Made 25th June 2004 
  Laid before Parliament 25th June 2004 
  Coming into force 16th September 2004 

The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to matters relating to the practice of the profession of lawyer, in exercise of the powers conferred upon him by that section, makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the European Communities (Lawyer's Practice) (Amendment) Regulations 2004 and shall come into force on 16th September 2004.

    (2) In these Regulations "the Regulations" means the European Communities (Lawyer's Practice) Regulations 2000[
3] and any reference to a regulation or Schedule by number alone shall mean the regulation or Schedule so numbered in the Regulations.

Transitional provisions
     2.  - (1) In this regulation "relevant lawyer" means a European lawyer, as defined by the Regulations but only as they are amended by these Regulations, who satisfies either or both of the conditions set out in paragraph (2) of this regulation.

    (2) Those conditions are that - 

    (3) Regulations 21 and 22 shall apply to a relevant lawyer only as from 16th March 2005.

    (4) Regulation 1(2) to (5) shall apply to a relevant lawyer with the following modifications - 

Amendments to European Communities (Lawyer's Practice) Regulations 2000
    
3. In the table in regulation 2(4), after the entry relating to Sweden, there shall be inserted - 

Switzerland " Avocat/Advokat/Rechtsanwalt/Anwalt/

Fürsprecher/Fürsprech/Avvocato

Iceland Lögmaður
Liechtenstein Rechtsanwalt
Norway Advokat
Czech Republic Advokát
Estonia Vandeadvokaat
Cyprus Δικηγóρος
Latvia Zvērinâts advokâts
Lithuania Advokatas
Hungary Ügyvéd
Malta Avukat/Prokuratur Legali
Poland Adwokat/Radca prawny
Slovenia Odvetnik/Odvetnica
Slovakia Advokát/Komerý právnik."


    
4. In regulation 12, for "or Sweden" there shall be substituted ", Sweden, Iceland, Liechtenstein, Norway, the Czech Republic, Cyprus, Hungary or Slovakia".

    
5. In regulation 13, for "or Sweden" there shall be substituted ", Sweden, Iceland, Liechtenstein, Norway, Cyprus or Slovakia".

    
6. In Part 1 of Schedule 3, after the entry relating to the Access to Justice Act 1999 there shall be inserted - 

     7.  - (1) In paragraph 7(2) of Schedule 4, before "33" there shall be inserted "32(4),"[5].

    (2) For paragraph 24 of Schedule 4 there shall be substituted - 



Signed by authority of the Secretary of State


David Lammy
Parliamentary Under Secretary of State, Department for Constitutional Affairs

Dated 25th June 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119) ("the 2000 Regulations"). The 2000 Regulations implemented Council Directive No. 98/5/EC, dated 16th February 1998, to facilitate practice of the profession of lawyer on a permanent basis in certain States other than the State in which the professional qualification was obtained ("the Directive").

The amendments made by these Regulations are consequential on changes to the effect of the Directive resulting from - 

Those changes confer certain rights to practice on a permanent basis as a lawyer on nationals of the affected countries.

Regulation 3 extends the definition of "European lawyer" in the 2000 Regulations to refer to those countries, and the national designations of lawyers in those countries.

Regulation 2 makes transitional provision as to the application of the 2000 Regulations to lawyers from the countries added to the definition of "European lawyer".

Regulations 12 and 13 of the 2000 Regulations are amended so that the prohibition on registered European lawyers conducting certain work related to property and executries does not apply to lawyers from the affected countries (regulations 4 and 5).

Regulation 7 makes the following two minor amendments to the 2000 Regulations consequential on the original Directive - 


Notes:

[1] S.I. 2000/738.back

[2] 1972 c. 68.back

[3] S.I. 2000/1119., amended by S.I. 2001/644 and 2003/435 (from a date to be appointed).back

[4] 2000 c. 8. Under section 134 of the Financial Services and Markets Act 2000 the Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before the Financial Services and Markets Tribunal.back

[5] The reference is to section 32(4) of the Solicitors Act 1974 (c. 47); amended by Access to Justice Act 1999 (c. 22), Schedule 7 paragraph 2(a) and Schedule 15 Part II.back



ISBN 0 11 049433 4


  © Crown copyright 2004

Prepared 2 July 2004


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