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The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019
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- Scottish Statutory Instruments
- 2019 No. 127
- PART 3
- Regulation 11
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There are currently no known outstanding effects for the The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019, Section 11.
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Transitional provision: applications by Swiss lawyers for entry into profession of solicitor or advocateS
This section has no associated Policy Notes
11.—(1) This regulation applies to a Swiss lawyer to whom regulation 7 applies.
[F1(2) Where this regulation applies, regulation 5 (exchange of information) and Part 5 (entry into the profession of solicitor or advocate) of the 2000 Regulations continue to have effect in relation to a Swiss lawyer referred to in paragraph (1) as if not revoked by regulation 3, subject to paragraph (3) and the modifications specified in paragraph (4).]
(3) Any application made under regulation 29 of the 2000 Regulations (as it has effect by virtue of this regulation) for an exemption from a requirement to pass an aptitude test must be made before the end of the period of four years beginning with [F2IP completion day] .
[F3(4) The modifications to the 2000 Regulations referred to in paragraph (2) are—
(a)regulation 5 is modified so that it has effect as if for paragraph (1) there were substituted—
“(1) In order to facilitate compliance with Article 33 of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with an authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland and may supply to or receive from any such authority, information relating to a European lawyer or to any person with whom that European lawyer jointly practices.”,
(b)regulation 29 (application by a registered European lawyer) is modified so as to have effect as if—
(i)in paragraph (1), “under regulation 6(1)(b)(ii) of the Qualifications Regulations” were omitted,
(ii)in paragraphs (2)(b) and (3)(b) and (c), for “home professional title” there were substituted “Swiss professional title”,
(c)regulation 36 (practice under the title of solicitor or advocate) is modified so as to have effect as if—
(i)in paragraph (2)—
(aa)for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”, and
(bb)for “his home State”, in both places where it occurs, there were substituted “Switzerland”, and
(ii)in paragraph (3) for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”.]
Textual Amendments
F1Reg. 11(2) substituted (31.12.2020 immediately before IP completion day) by The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(a), 15(10)(a)
F2Words in reg. 11 substituted (31.12.2020 immediately before IP completion day) by The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(a), 15(2)(f)
F3Reg. 11(4) substituted (31.12.2020 immediately before IP completion day) by The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(a), 15(10)(b)
Commencement Information
I1Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)
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