The Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

Transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000

6.—(1) Subject to paragraph (2), this regulation applies where—

(a) an individual was a registered European lawyer immediately before exit day,

(b) an individual made an application for registration under regulation 16 of the 2000 Regulations (application to be entered on a register) before exit day and—

(i) the application had not been decided before exit day,

(ii) the application had been rejected, or deemed to be rejected, under regulation 19 of the 2000 Regulations (time limit for decision and notification by professional body) and an appeal against that decision had not been finally determined or withdrawn before exit day, or

(iii) the application had been rejected, or deemed to be rejected, under regulation 19 of the 2000 Regulations before exit day but an appeal against that decision was not made until on or after exit day,

(c) an individual’s registration as a registered European lawyer was suspended before exit day and—

(i) that suspension does not end until on or after exit day,

(ii) an application to terminate that suspension or an appeal against that suspension had not been finally determined or withdrawn before exit day,

(iii) an appeal against any determination of an application to terminate that suspension had not been finally determined or withdrawn before exit day,

(iv) an appeal against that suspension was not made until on or after exit day, or

(v) any appeal against any determination of an application to terminate that suspension was not made until on or after exit day,

(d) an individual’s registration as a registered European lawyer was withdrawn or revoked before exit day by the professional body with whom that individual had been registered and—

(i) an appeal against that withdrawal or revocation had not been finally determined or withdrawn before exit day, or

(ii) an appeal against that withdrawal or revocation was not made until on or after exit day.

(2) This regulation does not apply where regulation 7 or 11 applies.

(3) The provisions of the 2000 Regulations mentioned in paragraph (4) continue to have effect in relation to an individual referred to in paragraph (1) until immediately before the end of the transitional period, as if not revoked by regulation 3, subject to the modifications specified in paragraph (4).

(4) The provisions and modifications referred to in paragraph (3) are—

(a) regulation 2 (interpretation), modified so paragraph (1) has effect as if—

(i) in the definition of “competent authority”, “to undertake the activities required by the Directive set out in that regulation” were omitted, and

(ii) the definition of “Qualification Regulations” were omitted,

(b) regulation 3 (purpose of regulations), modified so that it has effect as if paragraphs (1) and (3) were omitted,

(c) regulation 4 (competent authorities),

(d) regulation 5(1) and (2) (exchange of information), but paragraph (1) modified so that it has effect as if for “In order to facilitate the application of the Directive and to prevent its provisions from being misapplied, a professional body” there were substituted “A professional body”,

(e) regulations 6 (practice of professional activities) and 7 (title and description to be used by a registered European lawyer),

(f) regulation 8 (joint practice), modified so that paragraph (b) has effect as if after “registered European lawyer” there were inserted “(including a registered European lawyer within the meaning of regulation 2(1) as it has effect by virtue of regulation 7 of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Amendment etc.) (Scotland) Regulations 2019),

(g) regulation 9 (name of joint practice),

(h) regulation 10 (notification of joint practice), modified so it has effect as if “with which he intends to register” were “with which he has applied for registration”,

(i) regulations 11 (representation in legal proceedings) to 20 (appeal by European lawyer),

(j) regulations 23 (evidence of registration) to 27 (disciplinary proceedings against a registered European lawyer),

(k) regulation 29 (application by registered European lawyer), modified so that paragraph (1) has effect as if “under regulation 6(1)(b)(ii) of the Qualification Regulations” were omitted,

(l) regulations 30 (decision by professional body) to 37 (modification and extension of enactments), and

(m) schedule 2 (application, extension and modification of enactments to registered European lawyers).

(5) In this regulation “registered European lawyer” has the same meaning as in regulation 2(1) of the 2000 Regulations as it had effect immediately before exit day.