4(1)During the transitional period, every barrister is deemed to be authorised by the General Council of the Bar to carry on the activities in sub-paragraph (2).E+W
(2)Those activities are—
(a)the exercise of a right of audience before every court in relation to all proceedings;
(b)reserved instrument activities;
(c)probate activities;
(d)the administration of oaths.
(3)The authority conferred on a barrister by this paragraph is exercisable in accordance with, and subject to, the regulatory arrangements of the General Council of the Bar.
(4)A person is not authorised under sub-paragraph (1) unless the person has in force a certificate issued by the General Council of the Bar authorising the person to practise as a barrister.
Commencement Information
I1Sch. 5 para. 4 wholly in force at 1.1.2010, see s. 211 and S.I. 2009/3250, art. 2(b)(ii) (subject to art. 4 and with art. 9)
5(1)During the transitional period, every registered European lawyer registered with the Inns of Court and the General Council of the Bar is deemed to be authorised by the General Council of the Bar to carry on activities which—E+W
(a)are within paragraph 4(2), and
(b)the registered European lawyer is entitled to carry on under his [F1Swiss 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 General Council of the Bar (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) [F2, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020];
“[F3Swiss professional title]” and “registered European lawyer” have the same meaning as in the European regulations.
Textual Amendments
F1Words in Sch. 5 para. 5(1)(b) substituted (31.12.2020) by The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (S.I. 2020/1342), reg. 1(1), Sch. para. 12(5)(a)(i) (with Sch. para. 13)
F2Words in Sch. 5 para. 5(3) inserted (31.12.2020) by The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (S.I. 2020/1342), reg. 1(1), Sch. para. 12(5)(a)(ii)(aa) (with Sch. para. 13)
F3Words in Sch. 5 para. 5(3) substituted (31.12.2020) by The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 (S.I. 2020/1342), reg. 1(1), Sch. para. 12(5)(a)(ii)(bb) (with Sch. para. 13)
Commencement Information
I2Sch. 5 para. 5 wholly in force at 1.1.2010, see s. 211 and S.I. 2009/3250, art. 2(b)(ii) (with art. 9)
6E+WDuring the transitional period members of the Bar not in actual practice are to continue to have the rights conferred by section 102A(2) of the Patents Act 1977 (c. 37) (right of audience, etc in proceedings on appeal from the comptroller).
Commencement Information
I3Sch. 5 para. 6 wholly in force at 1.1.2010, see s. 211 and S.I. 2009/3250, art. 2(b)(ii) (with art. 9)