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7(1)During the transitional period—E+W
(a)every qualified solicitor,
(b)every legal partnership, and
(c)every body recognised under section 9 of the Administration of Justice Act 1985 (c. 61) (incorporated practices) (“a recognised body”),
is deemed to be authorised by the Law Society to carry on the activities in sub-paragraph (2).
(2)Those activities are—
(a)the exercise of a right of audience before every court in relation to all proceedings;
(b)the conduct of litigation in relation to every court and all proceedings;
(c)reserved instrument activities;
(d)probate activities;
(e)the administration of oaths.
(3)The authority conferred on a qualified solicitor, legal partnership or recognised body by this paragraph is exercisable in accordance with, and subject to, the regulatory arrangements of the Law Society.
(4)In this paragraph—
“legal partnership” means a partnership in which a qualified solicitor, a registered European Lawyer or a body recognised under section 9 of the Administration of Justice Act 1985 (c. 61) is permitted to practise by virtue of rules made under that section or section 31 of the Solicitors Act 1974 (c. 47);
“qualified solicitor” means a person who is qualified under section 1 of the Solicitors Act 1974 to act as a solicitor;
“registered European lawyer” means a registered European lawyer within the meaning of the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119) who is registered with the Law Society.
Commencement Information
I1Sch. 5 para. 7 wholly in force at 1.1.2010; Sch. 5 para. 7 not in force at Royal Assent see s. 211; Sch. 5 para. 7(4) in force for certain purposes at 31.3.2009 by S.I. 2009/503, art. 3, Sch. 5 para. 7 in force otherwise at 1.1.2010 by S.I. 2009/3250, art. 2(b)(i) (with art. 9)
8(1)During the transitional period, every registered European lawyer registered with the Law Society is deemed to be authorised by the Law Society to carry on activities which—E+W
(a)are within paragraph 7(2), and
(b)the registered European lawyer is entitled to carry on under his home professional title by virtue of the European regulations.
(2)The authority conferred on a registered European lawyer by virtue of this paragraph is exercisable in accordance with, and subject to, the regulatory arrangements of the Law Society (as they apply to the registered European lawyer by virtue of the European regulations).
(3)In this paragraph—
“European regulations” means the European Communities (Lawyer's Practice) Regulations 2000 (S.I. 2000/1119);
“home professional title” and “registered European lawyer” have the same meaning as in the European regulations.
Commencement Information
I2Sch. 5 para. 8 wholly in force at 1.1.2010, see s. 211 and S.I. 2009/3250, art. 2(b)(ii) (with art. 9)
9(1)During the transitional period, solicitors are to continue to have the rights conferred on them by subsection (1) of section 102A of the Patents Act 1977 (c. 37) (rights of audience, etc in proceedings on appeal from the comptroller).E+W
(2)During that period, registered European lawyers are to continue to have the rights conferred on them by that subsection by virtue of the European regulations.
(3)In this paragraph “European regulations” and “registered European lawyer” have the same meaning as in paragraph 8.
Commencement Information
I3Sch. 5 para. 9 wholly in force at 1.1.2010, see s. 211 and S.I. 2009/3250, art. 2(b)(ii) (with art. 9)