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The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2013
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- 2013 No. 1605
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EXPLANATORY NOTE
(This note is not part of the Regulations)
The amendments made in these Regulations are made in consequence of the Treaty concerning the accession of the Republic of Croatia to the European Union, signed at Brussels on 9th December 2011 (OJ No L 112, 24.04.12). These Regulations implement the adaptations made by Council Directive 2013/25/EU of 13th May 2013 adapting certain directives in the field of right of establishment and freedom to provide services, by reason of the accession of the Republic of Croatia (OJ No L 158, 10.06.13, pp. 368-375) to Article 1(2) of Council Directive 77/249/EEC of 22nd March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ No L 78, 26.03.77, pp.17-18) and Article 1(2) of Directive 98/5/EC of the European Parliament and of the Council of 16th February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ No L 77, 14.03.98, pp.36-43).
Regulation 2(2) extends the definition of “European lawyer” in the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910) (“the 1978 Order”) to refer to Croatia and the national designations of lawyers in that country. This confers certain rights to practise on a temporary basis as a lawyer on lawyers professionally qualified in Croatia. The 1978 Order implemented Council Directive 77/249/EEC of 22nd March 1977 to facilitate the effective exercise by lawyers of the freedom to provide services.
Regulation 2(3) makes a consequential amendment to the 1978 Order in connection with the replacement of the legal aid scheme under Part 1 of the Access to Justice Act 1999 (c. 12) by the provisions of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).
Regulation 3 extends the definition of “European lawyer” in the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119) (“the 2000 Regulations”) to refer to Croatia and the national designations of lawyers in that country. This confers certain rights to practise on a permanent basis as a lawyer on persons who are nationals of an EU state, EEA state or Switzerland and who are authorised to practise in Croatia, and nationals of Croatia who are authorised to practise in one of those states. The 2000 Regulations implemented Directive 98/5/EC of the European Parliament and of the Council of 16th February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained.
Regulation 4 modifies the transitional provision in regulation 1 of the 2000 Regulations. This provides Croatian lawyers with six months from the date that this instrument comes into force to apply for the prescribed registration in England and Wales and Northern Ireland. In consequence of this, regulations 21(1)(b) and 22 of the 2000 Regulations do not apply to them during that six month period.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
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