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The European Communities (Lawyer’s Practice) (Scotland) Amendment Regulations 2007
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- Scottish Statutory Instruments
- 2007 No. 358
- Explanatory Note
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Explanatory Note
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These Regulations amend the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (“the 2000 Regulations”). The 2000 Regulations implement Council Directive 98/5/EC, dated 16th February 1998, to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than the State in which the professional qualification was obtained (“the Directive”).
The amendments made by these Regulations are consequential on adaptations to the Directive resulting from the Treaty concerning the accession of Bulgaria and Romania to the European Union, signed at Luxembourg on 25th April 2005 (O.J. No. L 157, 21.6.2005, p.11). Council Directive 2006/100/EC (O.J. No. L 363, 20.12.2006, p.141) adapts the list of professional titles of lawyers in Article 1(1) of the Directive.
Those adaptations confer certain rights to practise on a permanent basis as a lawyer on those authorised to practice in, and nationals of, Bulgaria and Romania.
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 those countries.
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