Statutory Instruments
LEGAL PROFESSION, ENGLAND AND WALES
LEGAL PROFESSION, NORTHERN IRELAND
Made
8th April 2000
Laid
19th April 2000
Coming into force in accordance with regulation 1
1.—(1) These Regulations may be cited as the European Communities (Lawyer’s Practice) Regulations 2000 and shall come into force on 22nd May 2000, except for regulations 21 and 22, which shall come into force on 22nd November 2000.
(2) Where, on 22nd May 2000, a European lawyer is practising professional activities under his home professional title on a permanent basis in England and Wales or Northern Ireland or commences such practice by 21st November 2000, he shall apply to be registered in accordance with regulation 16 by 21st November 2000 where he intends to continue to practise those activities on a permanent basis after that date.
(3) On or after 22nd November 2000, a European lawyer shall not practise as referred to in paragraph (2) without being registered in accordance with regulation 16, unless he was already practising before that date and has made an application for registration which has not been determined.
(4) In paragraphs (3) and (5), an application for registration shall, as at a particular date, be taken not to have been determined if as at that date the applicant—
(a)has not received a rejection of his application and the period for such a rejection or a deemed rejection has not yet expired; or
(b)is appealing against a rejection of the application (including a deemed rejection) and the appeal has not been determined.
(5) Regulations 21(1)(b) and 22 shall not apply to a European lawyer who satisfies all the following conditions—
(a)immediately before 22nd November 2000 he was practising on a permanent basis in any part of the United Kingdom;
(b)before 22nd November 2000 he applied for registration to any of the barristers' professional bodies or solicitors' professional bodies, or to the Faculty of Advocates or the Law Society of Scotland; and
(c)as at the date in question his application for registration had not been determined.
2.—(1) In these Regulations, unless the context otherwise requires—
[F1“the 1974 Act” means the Solicitors Act 1974;]
“appeal body” means the body or person specified in relation to that profession in Schedule 1;
“barrister” means, in relation to England and Wales or Northern Ireland, a person who is a barrister of England and Wales or Northern Ireland, as the case may be;
“barristers' professional bodies” means the Inns of Court and the General Council of the Bar of England and Wales and the Executive Council of the Inn of Court of Northern Ireland;
“competent authority”, in relation to England and Wales and Northern Ireland, means any of the bodies designated as competent authorities by regulation 4 to undertake the activities required by the Directive set out in that regulation;
“the Directive” means the European Communities Parliament and Council Directive No. 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in certain States other than the State in which the professional qualification was obtained;
“European lawyer” has the meaning given in paragraphs (2) and (3);
“home State” means the State in paragraph (4) in which a European lawyer acquired his authorisation to pursue professional activities and, if he is authorised in more than one of those States, it shall mean any of those States;
“home professional title” means, in relation to a European lawyer, the professional title or any of the professional titles specified in relation to his home State in paragraph (4) under which he is authorised in his home State to pursue professional activities;
“Irish barrister” means a European lawyer who is authorised in the Republic of Ireland to pursue professional activities under the professional title of barrister and whose home State is the Republic of Ireland;
“Irish solicitor” means a European lawyer who is authorised in the Republic of Ireland to pursue professional activities under the professional title of solicitor and whose home State is the Republic of Ireland;
[F2“limited liability partnership” has the meaning given by section 1(2) of the Limited Liability Partnerships Act 2000;]
[F2“member of a limited liability partnership” shall be construed in accordance with section 4 of the Limited Liability Partnerships Act 2000;]
“member of the professional body” means a practising solicitor or barrister, as the case may be;
[F3“Qualification Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007;]
“registered European lawyer” means a European lawyer who is registered with a professional body in accordance with regulation 17 and whose registration has not been withdrawn or suspended;
“professional body” means, subject to regulation 16, any of the solicitors' professional bodies or the barristers' professional bodies;
[F4“sole practitioner” means a registered European lawyer who is the sole principal in a practice (other than an incorporated practice);]
“solicitor” means, in relation to England and Wales or Northern Ireland, a person who is a solicitor of England and Wales or Northern Ireland, as the case may be;
“solicitors' professional bodies” means the Law Society and the Law Society of Northern Ireland;
(2) In these Regulations, “European lawyer” means a person who is—
(a)a national of the United Kingdom or of a State listed in paragraph (4);
(b)authorised in any of the States listed in paragraph (4) to pursue professional activities under any of the professional titles appearing in that paragraph; and
(c)subject to paragraph (3), not a solicitor or barrister or, under the law of Scotland, a solicitor or advocate.
(3) Where a person is a European lawyer registered with more than one of the following—
(a)the solicitors' professional bodies or the barristers' professional bodies, or
(b)the Law Society of Scotland or the Faculty of Advocates,
and subsequently acquires the title used by members of one of those bodies, then notwithstanding paragraph (2)(c), that person shall continue to fall within the definition of a European lawyer in relation to that other professional body for the period that he remains registered with that other professional body.
(4) The States and professional titles referred to in the definition of European lawyer in paragraph (2) are as follows—
| State | Professional title(s) |
|---|---|
| Belgium | Avocat/Advocaat/Rechtsanwalt |
| Denmark | Advokat |
| Germany | Rechtsanwalt |
| Greece | Dikegoros |
| Spain | Abogado/Advocat/Avogado/Abokatu |
| France | Avocat |
| Republic of Ireland | Barrister/Solicitor |
| Italy | Avvocato |
| Luxembourg | Avocat |
| Netherlands | Advocaat |
| Austria | Rechtsanwalt |
| Portugal | Advogado |
| Finland | Asianajaja/Advokat |
| Sweden | Advokat |
| [F5Switzerland | Avocat/Advokat/Rechtsanwalt/Anwalt/ Fürsprecher/Fürsprech/Avvocato |
| Iceland | Lögmaður |
| Liechtenstein | Rechtsanwalt |
| Norway | Advokat |
| Czech Republic | Advokát |
| Estonia | Vandeadvokaat |
| Cyprus | Δικηγόρος |
| Latvia | Zvērinâts advokâts |
| Lithuania | Advokatas |
| Hungary | Ügyvéd |
| Malta | Avukat/Prokuratur Legali |
| Poland | Adwokat/Radca prawny |
| Slovenia | Odvetnik/Odvetnica |
| Slovakia | Advokát/Komerèný právnik] |
| [F6Bulgaria | Адвокат |
| Romania | Avocat] |
| [F7Croatia | Odvjetnik/Odvjetnica] |
(5) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to a regulation or Part of, or a Schedule to, these Regulations.
Textual Amendments
F1Words in reg. 2(1) added (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 2(2)(a)
F2Words in reg. 2(1) inserted (6.4.2001) by The European Communities (Lawyer’s Practice) (Amendment) Regulations 2001 (S.I. 2001/644), regs. 1, 2(1)
F3Words in reg. 2(1) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 2(2)(b)
F4Words in reg. 2(1) inserted (6.4.2015 for specified purposes) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 2
F5Words in reg. 2(4) table inserted (16.9.2004) by The European Communities (Lawyer’s Practice) (Amendment) Regulations 2004 (S.I. 2004/1628), regs. 1(1), 3 (with reg. 2)
F6Words in reg. 2(4) table inserted (11.2.2008) by The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2008 (S.I. 2008/81), regs. 1(1), 3 (with reg. 4)
F7Words in reg. 2(4) table inserted (25.7.2013) by The European Communities (Lawyer’s Practice and Services of Lawyers) (Amendment) Regulations 2013 (S.I. 2013/1605), regs. 1(1), 3 (with reg. 4)
Commencement Information
3.—(1) The purpose of these Regulations is to implement the Directive in England and Wales and Northern Ireland.
(2) The provisions of these Regulations shall have effect for the purposes of facilitating the practice of the profession of lawyer on a permanent basis by a European lawyer in England and Wales and Northern Ireland.
(3) The provisions of these Regulations shall not affect the provision of services by lawyers within the meaning of the European Communities (Services of Lawyers) Order 1978(3).
4. The bodies listed in column 2 of Schedule 2 shall be designated as the competent authorities for the purposes of—
(a)receiving applications for registration by European lawyers under Part III of these Regulations;
(b)receiving applications from registered European lawyers for entry into the profession of solicitor or barrister;
(c)the regulation of registered European lawyers registered with them; and
(d)the provision of certificates attesting to the registration of Solicitors or barristers registered with them.
5.—(1) In order to facilitate the application of the Directive and to prevent its provisions from being misapplied, a professional body may supply to or receive from—
(a)another professional body;
(b)the Faculty of Advocates or the Law Society of Scotland; or
(c)an authority in any of the States listed in regulation 2(4) which has been designated by that State under the Directive as a competent authority in that State,
any information relating to a European lawyer or to any person with whom he jointly practises.
(2) Subject to paragraph (1), a professional body shall preserve the confidentiality of any information received in accordance with paragraph (1) relating to a European lawyer or to any person with whom he jointly practises.
(3) A competent authority in England and Wales or Northern Ireland shall provide a certificate attesting to the registration of a solicitor or barrister registered with it and his authorisation to practise when requested to do so by that solicitor or barrister or by a competent authority in a State listed in regulation 2(4).
6.—(1) Subject to the provisions of these Regulations, a registered European lawyer shall be entitled to carry out under his home professional title any professional activity that may lawfully be carried out by a member of the professional body with which he is registered and any enactment or rule of law or practice with regard to the carrying out of professional activities by members of that professional body shall be interpreted and applied accordingly.
(2) A registered European lawyer who is in salaried employment may carry out professional activities under his home professional title to the same extent that an employed member of the professional body with which he is registered may do so.
7.—(1) Where a registered European lawyer is engaged in—
(a)any professional activity authorised by the professional organisation in his home State which gave him the authorisation to practise; or
(b)any professional activity that may be carried out by a member of the professional body with which he is registered,
he shall comply with the requirements set out in paragraph (2).
(2) The requirements referred to in paragraph (1) are that a registered European lawyer shall—
(a)use his home professional title expressed in an official language of his home State in a manner which avoids confusion with the title of solicitor, barrister or advocate;
(b)indicate the professional organisation by which he is authorised to practise or the court of law before which he is entitled to practise in that State; and
(c)indicate the professional body with which he is registered in the United Kingdom.
8. A registered European lawyer may carry out professional activities under his home professional title as part of a joint practice—
(a)to the same extent and in the same manner as a member of the professional body with which he is registered may do so, with—
(i)a member of the professional body with which he is registered;
(ii)a registered European lawyer who is registered with the same professional body; or
(iii)any other person permitted by the professional body with which he is registered; or
(b)with another European lawyer who is practising on a permanent basis under his home professional title in that registered European lawyer’s home State.
9.—(1) Subject to paragraph (2), where a registered European lawyer is a member of a joint practice in his home State, he may use the name of that practice with his home professional title when practising as a registered European lawyer.
(2) Rules of conduct of the professional body with which a registered European lawyer is registered may prohibit the use by him of the name of a joint practice to the extent that—
(a)that name is also used by persons who are not European lawyers or solicitors of any part of the United Kingdom; and
(b)those rules prohibit members of that professional body from using that name.
10.—(1) Where a European lawyer is a member of a joint practice in his home State, he shall inform the professional body with which he intends to register and provide it with the following information—
(a)the name of the joint practice;
(b)his place of business;
(c)the name and place of business of any member of his joint practice;
(d)any other information about the joint practice requested by the professional body.
(2) A European lawyer shall notify that professional body of any changes in the information whether before or after registration.
11.—(1) Subject to paragraph (2), no enactment or rule of law or practice shall prevent a registered European lawyer from pursuing professional activities relating to the representation of a client in any proceedings before any court, tribunal or public authority (including addressing the court, tribunal or public authority) only because he is not a solicitor or barrister.
(2) In proceedings referred to in paragraph (1), where the professional activities in question may (but for these Regulations) be lawfully provided only by a solicitor, barrister or other qualified person, a registered European lawyer shall act in conjunction with a solicitor or barrister who is entitled to practise before the court, tribunal or public authority concerned and who could lawfully provide those professional activities.
(3) The solicitor or barrister referred to in paragraph (2) shall, where necessary, be answerable to the court, tribunal or public authority concerned.
[F8(4) Paragraph (2) does not apply to professional activities relating to the representation of a client in proceedings before the Asylum and Immigration Tribunal or the Asylum Support Tribunal, or any tribunal hearing an appeal from those tribunals.]
Textual Amendments
F8Reg. 11(4) inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 2(3)
Commencement Information
12. A registered European lawyer is not entitled, by virtue of regulation 6(1), to prepare for remuneration any instrument creating or transferring an interest in land unless he has a home professional title obtained in Denmark, the Republic of Ireland, Finland [F9, Sweden, Iceland, Liechtenstein, Norway, the Czech Republic, Cyprus, Hungary or Slovakia].
Textual Amendments
F9Words in reg. 12 substituted (16.9.2004) by The European Communities (Lawyer’s Practice) (Amendment) Regulations 2004 (S.I. 2004/1628), regs. 1(1), 4 (with reg. 2)
Commencement Information
13. A registered European lawyer is not entitled, by virtue of regulation 6(1), to prepare for remuneration any instrument for obtaining title to administer the estate of a deceased person unless he has a home professional title obtained in Denmark, Germany, the Republic of Ireland, Austria, Finland [F10, Sweden, Iceland, Liechtenstein, Norway, Cyprus or Slovakia].
Textual Amendments
F10Words in reg. 13 substituted (16.9.2004) by The European Communities (Lawyer’s Practice) (Amendment) Regulations 2004 (S.I. 2004/1628), regs. 1(1), 5 (with reg. 2)
Commencement Information
14. A registered European lawyer may provide professional activities by way of legal advice and assistance or legal aid under the enactments specified in Part 1 of Schedule 3 and references to a solicitor, counsel or legal representative in those and any other enactments relating to legal advice and assistance or legal aid shall be interpreted accordingly.
15. Each professional body shall establish and maintain a register of registered European lawyers.
16.—(1) Subject to regulation 18, a European lawyer who wishes to pursue professional activities under his home professional title on a permanent basis in England and Wales or Northern Ireland shall apply to be entered on the register maintained by a professional body.
(2) A European lawyer who wishes to register with a professional body in accordance with paragraph (1) shall provide the professional body with a certificate confirming his registration with the competent authority in each home State under whose home professional title he intends to practise.
(3) A professional body may require that the certificate referred to in paragraph (2) shall not have been issued more than three months before the date of the application under this regulation.
(4) An application for registration under this regulation shall comply with any applicable regulations made by the relevant professional body and be accompanied by the appropriate fee.
(5) Subject to regulation 18, a European lawyer may apply to be entered on the registers maintained by more than one professional body.
(6) In this regulation, “professional body” includes the Law Society of Scotland and the Faculty of Advocates.
17.—(1) Subject to regulation 18, a professional body shall enter on its register the name of a European lawyer who applies to it in accordance with regulation 16.
(2) Where a professional body registers a European lawyer in accordance with paragraph (1), it shall inform the competent authority in the home State of the registration.
18.—(1) A European lawyer shall not be registered at the same time both with one of the solicitors' professional bodies and with one of the barristers' professional bodies.
(2) An Irish solicitor shall not be entered on a register maintained under regulation 15 by any of the barristers' professional bodies.
(3) An Irish barrister shall not be entered on a register maintained under regulation 15 by any of the solicitors' professional bodies.
(4) A European lawyer registered with the Law Society of Scotland shall not be entered on a register maintained under regulation 15 by any of the barristers' professional bodies.
(5) A European lawyer registered with the Faculty of Advocates shall not be entered on a register maintained under regulation 15 by any of the solicitors' professional bodies.
19.—(1) A professional body shall consider an application for registration under regulation 16 as soon as is reasonably practicable, and shall notify the European lawyer of its decision, and if the application is rejected or granted subject to conditions, the reasons upon which the rejection or the imposition of conditions is based, within four months of receipt of an application complying with regulation 16(2) and (4).
(2) Where the professional body fails to take a decision and notify the European lawyer within four months in accordance with paragraph (1), it shall be deemed to have taken a decision to reject his application and to have notified it to him on the last day of that period.
(3) Where a professional body withdraws or suspends a registration, it shall notify the European lawyer of its decision and of the reasons upon which the withdrawal or suspension is based.
20.—(1) Within three months of the notification to him of the professional body’s decision, or later with the permission of the appeal body, the European lawyer may appeal against the decision to the appeal body specified in Schedule 1.
(2) An appeal body may, for the purpose of determining any appeal under this Part—
(a)order the professional body to register the European lawyer;
(b)refuse the appeal; or
(c)remit the matter to the professional body with such directions as the appeal body sees fit.
(3) The appeal body shall give reasons for its decision.
21.—(1) A person who is not registered as a European lawyer in any part of the United Kingdom (including a person whose registration has been suspended) and—
(a)wilfully pretends to be a registered European lawyer or takes or uses any name, title, designation or description implying that he is a registered European lawyer; or
(b)subject to paragraph (2), carries on professional activities under one of the professional titles listed in regulation 2(4) or under any name, designation or description implying that he is entitled to pursue those activities under one of those professional titles;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
(2) Paragraph (1)(b) shall not apply to a person who satisfies any of the following conditions—
(a)he is not a national of the United Kingdom or of any of the States listed in regulation 2(4);
(b)he is a solicitor or barrister or, under the law of Scotland, a solicitor or advocate; or
(c)he is providing services within the meaning of the European Communities (Services of Lawyers) Order 1978 at the time his activities fall within paragraph (1)(b).
22. Where a European lawyer is carrying on professional activities under his home professional title in England and Wales or Northern Ireland but is not registered as a European lawyer in any part of the United Kingdom (including a person whose registration has been suspended), any costs or fees in respect of those activities shall not be recoverable by him or any other person.
23. Any certificate purporting to be signed by an officer of a professional body and stating that a person—
(a)is, or is not, registered with that professional body; or
(b)was, or was not, registered with that professional body during a period specified in the certificate,
shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.
24.—(1) Where a professional body publishes the names of solicitors or barristers registered with it, it shall also publish the names of any European lawyers registered with it.
(2) In this regulation, “publishes” or “publish” includes the provision of information to a legal publisher.
25. Where a registered European lawyer is practising under his home professional title in the United Kingdom, he shall be subject to the same rules of professional conduct as a member of the professinal body with which he is registered, and if he is registered with more than one, he shall be subject to the rules of professional conduct of all the professional bodies with which he is registered.
26.—(1) Where a registered European lawyer fails to comply with the rules of professional conduct to which he is subject under regulation 25, he shall be subject to the same rules of procedure, penalties and remedies as a member of the professional body with which the European lawyer is registered and shall, if appropriate, be subject to disciplinary prodeedings brought by an appropriate authority.
(2) Any sanction against a registered European lawyer in relation to disciplinary proceedings may include withdrawal or suspension of his registration.
(3) The appropriate authority shall give reasons for its decision.
(4) In this regulation, an appropriate authority means—
(a)where the registered European lawyer is registered with one of the solicitors' professional bodies, an authority having disciplinary jurisdiction over solicitors in England and Wales or Northern Ireland, as the case may be;
(b)where the registered European lawyer is registered with one of the barristers' professional bodies, an authority having disciplinary jurisdiction over barristers in England and Wales or Northern Ireland, as the case may be;
(c)where the registered European lawyer is registered with more than one of the solicitors' professional bodies or the barristers' professional bodies, an authority having disciplinary jurisdiction over solicitors or barristers, as the case may be, in England and Wales or Northern Ireland.
27.—(1) Where a professional body intends to begin disciplinary proceedings against a registered European lawyer, it shall—
(a)inform the competent authority in his home State of the intention to begin those proceedings and furnish it with all the relevant details;
(b)co-operate with that authority throughout those proceedings; and
(c)inform that authority of the decision reached in those proceedings, including the decision in any appeal, as soon as practicable after the decision is given.
(2) Subject to paragraph (3), where the competent authority in the registered European lawyer’s home State withdraws his authorisation to practise under the home professional title either temporarily or permanently, his registration with the professional body shall be automatically withdrawn to the same extent.
(3) Where a registered European lawyer is authorised to practise under a home professional title in two or more home States, his registration shall be withdrawn in accordance with paragraph (2) only if his authorisation to practise under a home professional title has been withdrawn in all those home States.
(4) Where there is an appeal against a decision in disciplinary proceedings against a registered European lawyer, the body responsible for hearing the appeal shall afford the competent authority in the registered European lawyer`s home State an opportunity to make representations in relation to that appeal.
28. Where a profesional body intends to begin disciplinary proceedings against a solicitor or barrister practising in a State listed in regulation 2(4), it shall inform the competent authority in that State of—
(a)the intention to begin those proceedings and furnish it with all the relevant details; and
(b)the decision reached in those proceedings, including the decision in any appeal, as soon as practicable after the decision is given.
29.—(1) Where a registered European lawyer applies to the professional body where he has been registered to become a solicitor or barrister, as the case may be, and that professional body requires him to pass an aptitude test under [F11regulation 26(a) of the Qualification Regulations], he may apply to the professional body for an exemption from that requirement on the grounds that he falls within paragraph (2) or (3) of this regulation.
(2) A person falls within this paragraph if—
(a)he is a European lawyer and has been registered with that professional body for at least three years; and
(b)he has for a period of at least three years effectively and regularly pursued in England and Wales or Northern Ireland, professional activities under his home professional title in the law of England and Wales or Northern Ireland, as the case may be.
(3) A person falls within this paragraph if—
(a)he is a European lawyer and has been registered with that professional body for at least three years; and
(b)he has for a period of at least three years effectively and regularly pursued in England and Wales or Northern Ireland professional activities under his home professional title; and
(c)he has for a period of less than three years effectively and regularly pursued in England and Wales or Northern Ireland, professional activities under his home professional title in the law of England and Wales or Northern Ireland, as the case may be.
Textual Amendments
F11Words in reg. 29(1) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 2(4)
Commencement Information
30.—(1) Subject to paragraph (3), the professional body shall grant an exemption applied for under regulation 29 if it considers that the requirements under paragraph (2) or (3) of regulation 29 have been met.
(2) The registration of a registered European lawyer shall cease from the date he is granted entry into the profession of solicitor or barrister.
(3) The professional body may refuse to grant an exemption if it considers that the registered European lawyer would be unfit to practise as a solicitor or barrister.
31.—(1) Where a registered European lawyer makes an application under paragraph (2) of regulation 29, he shall provide the professional body with any relevant information and documents which it may reasonably require.
(2) The professional body may verify the effective and regular nature of the professional activity pursued and may, if necessary, request the registered European lawyer to provide, orally or in writing, clarification of, or further details on, the information and documents referred to in paragraph (1).
32.—(1) Where a registered European lawyer makes an application under paragraph (3) of regulation 29, he shall provide the professional body with any relevant information and documents it may reasonably require.
(2) When deciding whether to grant an application under paragraph (3) of regulation 29, the professional body shall take into account the professional activities the registered European lawyer has pursued during the period he has been registered and any knowledge and professional experience he has gained of, and any training he has received in, the law of any part of the United Kingdom and the rules of professional conduct of the profession concerned.
(3) Subject to paragraph (4), in the case of an application under paragraph (3) of regulation 29, the professional body shall assess and verify the registered European lawyer’s effective and regular professional activity and his capacity to continue the activity he has pursued at an interview.
(4) Where a professional body believes that an interview is unnecessary and intends to grant an application under paragraph (3) of regulation 29, it may dispense with that requirement.
33. For the purposes of regulations 29 to 32 activities shall be regarded as effectively and regularly pursued if they are actually exercised without any interruption other than those resulting from the events of everyday life.
34.—(1) A professional body shall consider an application under regulation 29 as soon as is reasonably practicable, and shall notify the applicant of its decision and, if the application is rejected, the reasons for the rejection, within four months of receipt of all the relevant documents.
(2) Where the professional body fails to take a decision and notify the registered European lawyer within four months in accordance with paragraph (1), it shall be deemed to have taken a decision to reject his application and to have notified it to him on the last day of that period.
35.—(1) Within three months of the notification to him of the professional body’s decision, or later with the permission of the appeal body, the registered European lawyer may appeal against the decision to the appeal body specified in Schedule 1.
(2) An appeal body may, for the purpose of determining any appeal under this Part—
(a)give the exemption and the authorisation to enter into the profession of solicitor or barrister, as the case may be;
(b)refuse the appeal; or
(c)remit the matter to the professional body with such directions as the appeal body sees fit.
(3) The appeal body shall give reasons for its decision.
36.—(1) This regulation applies where a registered European lawyer (“the lawyer”) is granted entry into the profession of solicitor or barrister.
(2) Subject to paragraph (3), the lawyer shall be entitled to continue to practise in England and Wales or Northern Ireland, as the case may be, under his home professional title, and to use his home professional title, expressed in an official language of his home State, alongside the title of solicitor or barrister, provided that he continues to be authorised in his home State to pursue professional activities under that title.
(3) For the purposes of rules of professional conduct, including those relating to disciplinary and complaints procedures, the lawyer’s continuing practice in the United Kingdom under his home professional title shall be deemed to form part of his practice as a solicitor or barrister, and those rules shall apply to his practice under his home professional title as they do to his practice as a solicitor or barrister.
(4) Where this regulation applies, a lawyer’s registration in accordance with regulation 17 with the professional body whose title he has acquired shall cease from the date he is entitled to use that title.
(5) Paragraph (4) shall not affect any registration the lawyer may have in another part of the United Kingdom.
37.—(1) The enactments specified in Part 2 of Schedule 3 (being enactments which reserve certain activities to solicitors, barristers and other qualified persons) shall be interpreted subject to regulations 6, 11, 12 and 13.
(2) References to unqualified persons, however expressed, in the enactments specified in Part 3 of Schedule 3 (being enactments relating to unqualified persons acting as solicitors) shall not include a registered European lawyer pursuing professional activities within the meaning of these Regulations.
(3) Schedule 4 (extension of enactments (England and Wales)) shall apply in relation to the registration of European lawyers with the Law Society.
(4) Schedule 5 (extension of enactments (Northern Ireland)) shall apply in relation to the registration of European lawyers with the Law Society of Northern Ireland.
Irvine of Lairg, C.
Dated 8th April 2000
Regulations 2, 20 and 35
Textual Amendments
F12Words in Sch. 1 title substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 2(5)(a)
Commencement Information
Textual Amendments
F13Words in Sch. 1 table substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 2(5)(b)
F14Words in Sch. 1 table substituted (7.1.2014) by The Crime and Courts Act 2013 (Commencement No. 7 and Saving and Consequential Provisions) Order 2013 (S.I. 2013/3176), arts. 1(1), 4(1) (with art. 4(3))
Regulation 4
| Column 1 | Column 2 |
|---|---|
| Profession | Professional Body |
| Solicitor (England and Wales) | The Law Society |
| Solicitor (Northern Ireland) | The Law Society of Northern Ireland |
| Barrister (England and Wales) | The Inns of Court and the General Council of the Bar of England and Wales |
| Barrister (Northern Ireland) | The Executive Council of the Inn of Court of Northern Ireland |
Regulation 14
Commencement Information
I40Sch. 3 Pt. 1 in force at 22.5.2000, see reg. 1(1)
Legal Aid, Advice and Assistance (Northern Ireland) Order 1981(4)
Legal Aid Act 1988(5)
Access to Justice Act 1999(6)
[F15Financial Services and Markets Act 2000]
[F16Legal Aid, Sentencing and Punishment of Offenders Act 2012]
Textual Amendments
F15Words in Sch. 3 Pt. 1 inserted (16.9.2004) by The European Communities (Lawyer’s Practice) (Amendment) Regulations 2004 (S.I. 2004/1628), regs. 1(1), 6 (with reg. 2)
Regulation 37(1)
Commencement Information
I41Sch. 3 Pt. 2 in force at 22.5.2000, see reg. 1(1)
Textual Amendments
F17Words in Sch. 3 Pt. 2 omitted (1.1.2010) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(a), 2(6)(a)
Regulation 37(2)
Commencement Information
I42Sch. 3 Pt. 3 in force at 22.5.2000, see reg. 1(1)
F18...
Solicitors (Northern Ireland) Order 1976, articles 25(1) and 27.
Textual Amendments
F18Words in Sch. 3 Pt. 3 omitted (1.1.2010) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(a), 2(6)(b)
Regulation 37(3)
1.—(1) The power to make regulations under section 2 of the Solicitors Act 1974(8) shall also be exercisable in relation to registered European lawyers.U.K.
(2) The power to make regulations under [F19section 28(1)(c) to (d)] of that Act shall also be exercisable in relation to [F20registered European lawyers as it is in relation to solicitors, subject to the modifications specified in the Table and subject to paragraph 7(1A).]
[F21(2A) Section 28(3B) to (3G) of the 1974 Act has effect with respect to registered European lawyers as it has effect with respect to solicitors, subject to the modifications specified in the Table and subject to paragraph 7(1A).]
(3) The power to make rules under—
(a)sections 31, 32, 33A(9), 34, 36 and 37 of the Solicitors Act 1974; and
(b)section 9 of the Administration of Justice Act 1985(10),
shall also be exercisable in relation to registered European lawyers F22....
[F23(4) For the purpose of making rules under section 31 of the Solicitors Act 1974 and section 9 of the Administration of Justice Act 1985 by virtue of sub-paragraph (3)—
(a)a reference to a sole solicitor is to be read as a reference to a sole practitioner; and
(b)a reference to a recognised sole solicitor’s practice is to be read as a reference to a recognised sole practitioner’s practice (that is, to a sole practitioner’s practice for the time being recognised under section 9).]
Textual Amendments
F19Words in Sch. 4 para. 1(2) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(2)(a)
F20Words in Sch. 4 para. 1(2) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(2)(b)
F21Sch. 4 para. 1(2A) inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(3)
F22Words in Sch. 4 para. 1(3) omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(4)
F23Sch. 4 para. 1(4) inserted (6.4.2015 for specified purposes) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(a)
Commencement Information
I43Sch. 4 para. 1 in force at 22.5.2000, see reg. 1(1)
2. Any of the powers referred to in paragraph 1 may be exercised so as to make different provision with respect to registered European lawyers.U.K.
Commencement Information
I44Sch. 4 para. 2 in force at 22.5.2000, see reg. 1(1)
F243. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24Sch. 4 paras. 3-6 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(6)
F244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24Sch. 4 paras. 3-6 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(6)
F245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24Sch. 4 paras. 3-6 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(6)
F246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F24Sch. 4 paras. 3-6 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(6)
7.—[F25(1) Subject to sub-paragraph (1A), the provisions of sections F26... 9, 10, 10A, 11, 13, F27... 13A, 13B, 15, 16, 17, F28... 18 and 84 of the 1974 Act shall apply to registered European lawyers as they apply to solicitors subject to the modifications specified in the Table.]U.K.
[F29(1A) An appeal by a European lawyer in respect of the following decisions of the Law Society is to be made under regulation 20 and not under section 13 or 13B(7) of the 1974 Act or under regulations made under section 28(3D) of the 1974 Act—
(a)refusal of initial registration;
F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)grant of initial registration subject to a condition;
(d)refusal to renew a registration;
(e)failure to take a decision on an application for initial registration within the statutory time limit;
(f)withdrawal or revocation of a registration;
(g)suspension of a registration.]
(2) [F31Sections 31(2), 32(3) and (4), 33, 33A, 34(6) and (9), 34A, 34B, F32... 38, 40, 44B, 44BA, 44BC, 44C, 44D, 44E, 56(1)(f), (2) and (4) to (7),] 57 to 75, 81, 81A(11) and 83 of F32... [F33the 1974 Act] shall also apply to registered European lawyers as they apply to solicitors [F34subject to the modifications specified in the Table.]
[F35(2A) The following provisions of the 1974 Act have effect as follows—
(a)in section 34(10) the reference to subsection (9) is to be read as including a reference to that subsection as it has effect by virtue of sub-paragraph (2);
(b)section 56(1)(a) to (e) to the extent necessary to give effect to section 56(1)(f) as it has effect by virtue of sub-paragraph (2).]
(3) Sections 41, 42, 43 and 44 of [F36the 1974 Act] shall apply to registered European lawyers as they apply to solicitors [F37subject to the modifications specified in the Table.]
(4) Section 85 of [F38the 1974 Act] (bank accounts) shall apply to a registered European lawyer and to the partner of a registered European lawyer as it applies to a solicitor.
Textual Amendments
F25Sch. 4 para. 7(1) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(a)
F26Words in Sch. 4 para. 7(1) omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(b)(i)(aa)
F27Words in Sch. 4 para. 7(1) omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(b)(i)(bb)
F28Words in Sch. 4 para. 7(1) omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(b)(i)(cc)
F29Sch. 4 para. 7(1A) inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(b)
F30Sch. 4 para. 7(1A)(b) omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(b)(ii)
F31Words in Sch. 4 para. 7(2) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(c)(i)
F32Words in Sch. 4 para. 7(2) omitted (6.10.2010) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(b), 3(7)(c)(ii)
F33Words in Sch. 4 para. 7(2) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(c)(iii)
F34Words in Sch. 4 para. 7(2) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(c)(iv)
F35Sch. 4 para. 7(2A) inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(d)
F36Words in Sch. 4 para. 7(3) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(e)(i)
F37Words in Sch. 4 para. 7(3) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(e)(ii)
F38Words in Sch. 4 para. 7(4) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(7)(f)
Commencement Information
I45Sch. 4 para. 7 in force at 22.5.2000, see reg. 1(1)
8.—(1) Subject to [F39sub-paragraph (1A), sections 36 and 36A of the 1974 Act] shall apply to registered European lawyers as [F40they apply] to solicitors.U.K.
[F41(1A) The Society may make different provision with respect to registered European lawyers, and European lawyers making an application for initial registration, from the provision made with respect to solicitors.]
F42(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F42(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F39Words in Sch. 4 para. 8(1) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(8)(a)(i)
F40Words in Sch. 4 para. 8(1) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(8)(a)(ii)
F41Sch. 4 para. 8(1A) inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(8)(b)
F42Sch. 4 para. 8(2)-(4) omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(8)(c)
Commencement Information
I46Sch. 4 para. 8 in force at 22.5.2000, see reg. 1(1)
9. Section 35 of, and Schedule 1 to, the Solicitors Act 1974 shall apply to registered European lawyers as they apply to solicitors, and for that purpose—U.K.
[F43(aa)reference to the roll is to be read as a reference to the register of European lawyers;
(ab)reference to a solicitor suspended from practice is to be read as a reference to a European lawyer whose registration is suspended;
(ac)in paragraph 1(1)(k) of Schedule 1 to the 1974 Act, reference to a person acting as a solicitor when he did not have a practising certificate which was in force is to be read as a reference to a European lawyer or registered European lawyer who has committed an offence under regulation 21 of these Regulations;]
(b)references to a solicitor’s practising certificate shall be interpreted as references to a registered European lawyer’s registration;
[F44(c)reference to a sole solicitor is to be read as a reference to a sole practitioner;]
F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F43Sch. 4 para. 9(aa)-(ac) substituted for Sch. 4 para. 9(a) (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(9)(a)
F44Sch. 4 para. 9(c) substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(9)(b)
F45Sch. 4 para. 9(d) omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(9)(c)
Commencement Information
I47Sch. 4 para. 9 in force at 22.5.2000, see reg. 1(1)
10. Sections 46(10)(c), 47, 48, 49, 50(2), 50(3), 51, 52, 53 [F46and 55] of the Solicitors Act 1974 shall apply to registered European lawyers as they apply to solicitors [F47subject to the modifications specified in the Table.] U.K.
Textual Amendments
F46Words in Sch. 4 para. 10 substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(10)(a)
F47Words in Sch. 4 para. 10 substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(10)(b)
Commencement Information
I48Sch. 4 para. 10 in force at 22.5.2000, see reg. 1(1)
[F4811. Part XX of the Financial Services and Markets Act 2000, including the definition of “members” in section 325(2), has effect in relation to registered European lawyers as it has in relation to solicitors.]U.K.
Textual Amendments
F48Sch. 4 para. 11 substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(11)
12. For the purposes of section 391 of the Insolvency Act 1986(12) and the Insolvency Practitioners (Recognised Professional Bodies) Order 1986(13), registered European lawyers and their partners shall be deemed to be—U.K.
(a)part of the solicitors' profession; and
(b)subject to the Law Society’s rules in the practice of their profession.
Commencement Information
I49Sch. 4 para. 12 in force at 22.5.2000, see reg. 1(1)
13. Section 142 of the County Courts Act 1984(14) shall apply to registered European lawyers as it applies to solicitors.U.K.
Commencement Information
I50Sch. 4 para. 13 in force at 22.5.2000, see reg. 1(1)
14.—(1) Section 89 of the Courts and Legal Services Act 1990 shall be amended as follows.U.K.
(2) In subsection (9), the following shall be substituted for the definition of “multi-national partnership”—
““multi-national partnership” means a partnership whose members consist of one or more registered foreign lawyers and one or more other lawyers as permitted by rules made under section 31 of the Solicitors Act 1974;”.
Commencement Information
I51Sch. 4 para. 14 in force at 22.5.2000, see reg. 1(1)
F4915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F49Sch. 4 para. 15 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(12)
F5016. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F50Sch. 4 para. 16 omitted (1.1.2010) by virtue of The Legal Services Act 2007 (Consequential Amendments) Order 2009 (S.I. 2009/3348), arts. 2(1), 15
Commencement Information
I52Sch. 4 para. 16 in force at 22.5.2000, see reg. 1(1)
17. In the Estate Agents Act 1979(15) the reference to a practising solicitor in section 1(2)(a) (which exempts solicitors from that Act) shall be interpreted as including a reference to a registered European lawyer and the partner of a registered European lawyer, providing professional services in accordance with rules made under section 31 of the Solicitors Act 1974 [F51or section 9 of the Administration of Justice Act 1985].U.K.
Textual Amendments
F51Words in Sch. 4 para. 17 inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(13)
Commencement Information
I53Sch. 4 para. 17 in force at 22.5.2000, see reg. 1(1)
F5218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F52Sch. 4 para. 18 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(14)
19. In the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(16) the reference to “solicitor” in Part I of Schedule 1 to the Order shall be interpreted as including reference to a registered European lawyer.U.K.
Commencement Information
I54Sch. 4 para. 19 in force at 22.5.2000, see reg. 1(1)
20. The Solicitors (Non-Contentious Business) Remuneration Order 1994(17) [F53and any other order made under section 56 of the 1974 Act] shall apply to registered European lawyers as it applies to solicitors.U.K.
Textual Amendments
F53Words in Sch. 4 para. 20 inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(15)
Commencement Information
I55Sch. 4 para. 20 in force at 22.5.2000, see reg. 1(1)
21. Registered European lawyers shall be treated as if they were officers of the Supreme Court and shall be subject to the inherent jurisdiction of that court in like manner and to the same extent as if they were solicitors.U.K.
Commencement Information
I56Sch. 4 para. 21 in force at 22.5.2000, see reg. 1(1)
22.—(1) References in the Charter to solicitors shall be deemed to include references to registered European lawyers.U.K.
(2) In this paragraph “the Charter” has the same meaning as it has in section 87(1) of the Solicitors Act 1974.
Commencement Information
I57Sch. 4 para. 22 in force at 22.5.2000, see reg. 1(1)
F5423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
Textual Amendments
F54Sch. 4 para. 23 omitted (1.7.2009) by virtue of The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(16)
[F5524.—(1) The provisions of sections [F569(2F) to (2H) and (5), 10A,] 40 and 43 of the Administration of Justice Act 1985 apply to registered European lawyers as they apply to solicitors, [F57and for this purpose—U.K.
(a)the reference to a sole solicitor in sections 9 and 10A is to be read as a reference to a sole practitioner; and
(b)the reference to a person’s solicitor in section 40(1) is to be read as a reference to a registered European lawyer acting for a person.]
[F58(2) The provisions of Schedule 2 to that Act apply to registered European lawyers as they apply to solicitors, and for that purpose—
(a)reference to a sole solicitor is to be read as a reference to a sole practitioner;
(b)reference to a recognised sole solicitor’s practice is to be read as a reference to a recognised sole practitioner’s practice (that is, to a sole practitioner’s practice for the time being recognised under section 9 of the 1985 Act);
(c)reference to the roll is to be read as a reference to the register of European lawyers, and accordingly—
(i)reference to a solicitor being suspended from practice is to be read as a reference to a European lawyer’s registration being suspended; and
(ii)reference to a solicitor being struck off the roll is to be read as a reference to a European lawyer being struck off the register of European lawyers; and
(d)reference to a person who is not a solicitor is to be read as a reference to a person who is neither a solicitor nor a registered European lawyer.]]
| Provision of the 1974 Act | Modification |
|---|---|
| F60. . . | F60. . . |
| Section 1B(1)(a) | Reference to a practising certificate in force is to be read as a reference to a European lawyer’s registration. |
| Section 1B(1)(b) | Reference to a certificate is to be read as a reference to a European lawyer’s registration. Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement. |
| Section 9(1) | Reference to a person whose name is on the roll is to be read as a reference to a European lawyer, as defined by regulation 2(1) to (4) of these Regulations. Reference to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration in the register of European lawyers. |
| F60. . . | F60. . . |
| Section 9(4)(a) | Reference to a practising certificate is to be read as a reference to a European lawyer’s registration. |
| Section 10(1) to (4) | Reference to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration in the register of European lawyers. Reference to suspension from practice is to be read as a reference to suspension from the register of European lawyers. |
| F60. . . | F60. . . |
| Section 10(5) | Reference to a practising certificate is to be read as a reference to a European lawyer’s registration. |
| Section 10A | Reference to solicitors who hold practising certificates is to be read as a reference to registered European lawyers. |
| F60. . . | F60. . . |
| Section 11(1) | Reference to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration. |
| Section 11(3) | Reference to a practising certificate is to be read as a reference to a European lawyer’s registration. |
| Section 11(3)(b) | Reference to a practising certificate not having been issued since the Society became aware of the failure is to be read as a reference to a registration in the register of European lawyers not having been entered or renewed since the Society became aware of the failure. |
| Section 13 | Section 13 is to be read as if subsection (1)(a) were omitted. |
| F60. . . | F60. . . |
| Section 13(1)(c) and (4)(b) to (f) | Reference to the issuing of a practising certificate is to be read as a reference to renewal of registration. Reference to a practising certificate or certificate is to be read as a reference to a registration in the register of European lawyers. |
| Section 13(2) | Reference to a person who holds a practising certificate is to be read as a person who is registered in the register of European lawyers. |
| Section 13(3) | Reference to any application under section 9 is to be read as any application for renewal of registration in the register of European lawyers. |
| F60. . . | F60. . . |
| F60. . . | F60. . . |
| F60. . . | F60. . . |
| F60. . . | F60. . . |
| F60. . . | F60. . . |
| Section 13A(1), (2) and (7)(b) | Reference to a practising certificate being in force (a “current certificate”) is to be read as a reference to a European lawyer’s registration. |
| F60. . . | F60. . . |
| Section 13A(9) | Reference to a solicitor who holds a practising certificate is to be read as a European lawyer who is registered in the register of European lawyers. |
| Section 13B(1) and (8)(b) | References to a practising certificate or the appellant’s certificate are to be read as references to a registered European lawyer’s registration. F61... |
| Section 13B(6) | Reference to a solicitor’s suspension from practice F62... is to be read as a reference to a European lawyer’s suspension from the register of European lawyers F63.... |
| Section 15 | Reference to a practising certificate is to be read as a reference to a European lawyer’s registration. Reference in subsection (1) to suspension from practice is to be read as a reference to a European lawyer’s suspension from the register of European lawyers. |
| Section 16 | Reference to a practising certificate or certificate is to be read as a reference to a registration in the register of European lawyers. Reference to a solicitor’s suspension from practice or suspension is to be read as reference to the suspension of a European lawyer’s registration. Reference in subsections (1) and (3) to expiry of a certificate is to be read as expiry of a European lawyer’s registration. |
| Section 17 | Reference to suspension of a solicitor’s practising certificate is to be read as reference to the suspension of a European lawyer’s registration. Reference to a note against a solicitor’s name on the roll is to be read as reference to a note against a European lawyer’s name on the register of European lawyers. |
| F64. . . | F64. . . |
| F64. . . | F64. . . |
| Section 18 | References to the register kept under section 10A are to be read as a reference to the register of European lawyers. Subsection (1) is to be read as if reference to an extract from the roll were omitted. Section 18 is to be read as if subsection (2)(a) were omitted. |
| Section 28(1)(c) to (d) | Reference in subsection (1)(c) to a practising certificate is to be read as a reference to a European lawyer’s registration. F65... Reference in subsection (1)(d) to the register kept under section 10A is to be read as a reference to the register of European lawyers. |
| Section 28(3B) to (3G) | Reference to a practising certificate is to be read as a reference to a European lawyer’s registration. F66... Reference in subsection (3B)(d) and (e) to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration. F66... Subsection (3B)(i) is to be read as if reference to replacement were omitted. Reference in subsection (3B)(k) to solicitors who hold practising certificates is to be read as reference to registered European lawyers. Reference in subsection (3C) to the register under section 10A is to be read as a reference to the register of European lawyers. |
| Section 41 | Reference to a solicitor is to be read as to include a reference to a registered European lawyer. Reference in subsections (1)(a) and (4)(a) to the roll is to be read as to include a reference to the register of European lawyers. Reference in subsections (1)(b) and (4)(b) to suspension from practising as a solicitor is to be read as to include a reference to suspension from the register of European lawyers. Reference in subsection (1)(c) to a practising certificate being suspended is to be read as to include a reference to a European lawyer’s registration being suspended. Reference in subsection (1B) to the “employed solicitor” is not to be read as a reference to an employed European lawyer. |
| Section 42 | In subsection (1) reference to a person who is disqualified from practising as a solicitor by reason of a fact mentioned in paragraphs (a) to (c) is to be read as to include a reference to a European lawyer whose name has been struck off the register of European lawyers or whose registration in that register is suspended. |
| Section 43 | In section 43(1) reference to a person who is not a solicitor is to be read as a reference to a person who is neither a solicitor nor a registered European lawyer. |
| Section 44 | Reference to section 43(2) is to be read as to include a reference to that section as it has effect by virtue of these Regulations. |
| Section 47 | Reference to the roll is to be read as reference to the register of European lawyers. Reference in section 47(1)(d) and (2)(b) and (e) to suspension from practice is to be read as a reference to suspension from the register of European lawyers. F67... F67... Reference in section 47(2A)(a) to another solicitor is to be read as to include a reference to a solicitor or a registered European lawyer. Reference in section 47(2B) to a firm of solicitors is to be read as a reference to a firm of solicitors and/or registered European lawyers. Reference to an employee who is not a solicitor is to be read as a reference to an employee who is neither a solicitor nor a registered European lawyer |
| Section 51 | Reference in section 51(1) and (3)(b) to the striking off of a name from the roll is to be read as reference to striking a European lawyer’s name from the register of European lawyers. |
| Section 52 | Reference to the striking off of a name from the roll is to be read as reference to striking a European lawyer’s name from the register of European lawyers. |
| Section 53 | Reference to the striking off of a name from the roll is to be read as reference to striking a European lawyer’s name from the register of European lawyers. Reference to suspension from practice is to be read as a reference to suspension from the register of European lawyers. Reference to a note of the order on the roll is to be read as reference to a note on the register of European lawyers. |
| Section 55 | Reference to the striking off of a name from the roll is to be read as reference to striking a European lawyer’s name from the register of European lawyers. |
| Section 84 | Reference to a solicitor who has in force, or who has applied for, a practising certificate is to be read as a reference to a European lawyer who is registered or who has applied for registration in the register of European lawyers. Reference in subsection (3) to a practising solicitor is to be read as a reference to a registered European lawyer.] |
Textual Amendments
F55Sch. 4 para. 24 substituted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(17)
F56Words in Sch. 4 para. 24(1)(a) inserted (6.4.2015 for specified purposes) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(c)(i)(aa)
F57Sch. 4 para. 24(1)(a)(b) and words substituted for words (6.4.2015 for specified purposes) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(c)(i)(bb)
F58Sch. 4 para. 24(2) substituted (6.4.2015 for specified purposes) by The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(c)(ii)
F59Sch. 4 table inserted (1.7.2009) by The Legal Services Act 2007 (Registered European Lawyers) Order 2009 (S.I. 2009/1587), arts. 1(1)(c), 3(18)
F60Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(i)
F61Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(ii)
F62Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(iii)(aa)
F63Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(iii)(bb)
F64Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(iv)
F65Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(v)
F66Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(vi)
F67Words in Sch. 4 table omitted (6.4.2015 for specified purposes) by virtue of The Legal Services Act 2007 (The Law Society) (Modification of Functions) Order 2015 (S.I. 2015/401), art. 1(2)(3), Sch. 2 para. 3(d)(vii)
Regulation 37(4)
1.—(1) The power to make rules and regulations under article 75 of the Solicitors (Northern Ireland) Order 1976 shall also be exercisable in relation to registered European lawyers.U.K.
(2) The power to make regulations under articles 6, 26, 26A(18), 33, 34, 35, 61 and 63 shall also be exercisable in relation to registered European lawyers.
Commencement Information
I58Sch. 5 para. 1 in force at 22.5.2000, see reg. 1(1)
2. The provisions of articles 7, 8, 10, 11, 13 and 14 to 18 of that Order shall apply to registered European lawyers as they apply to solicitors, except that—U.K.
(a)references to a solicitor’s practising certificate shall be interpreted as references to a registered European lawyer’s registration; and
(b)references to the roll shall be interpreted as references to the register of European lawyers.
Commencement Information
I59Sch. 5 para. 2 in force at 22.5.2000, see reg. 1(1)
3. Articles 27, 28, 29, 32, 36 to 60, 62, 64A(19) to 71H, 72A, 77 and 78 of, and Schedules 1, 1A and 2 to, that Order shall apply to registered European lawyers as they apply to solicitors except that—U.K.
(a)references to a solicitor’s practising certificate shall be interpreted as references to a registered European lawyer’s registration; and
(b)references to the roll shall be interpreted as references to the register of European lawyers.
Commencement Information
I60Sch. 5 para. 3 in force at 22.5.2000, see reg. 1(1)
4. Article 51 of the County Courts (Northern Ireland) Order 1980(20) shall apply to registered European lawyers as it applies to solicitors.U.K.
Commencement Information
I61Sch. 5 para. 4 in force at 22.5.2000, see reg. 1(1)
5. In the Estate Agents Act 1979 the reference to a practising solicitor in section 1(2)(a) (which exempts solicitors from that Act) shall be interpreted as including a reference to a registered European lawyer, and the partner of a registered European lawyer providing professional services in accordance with article 26 of the Solicitors (Northern Ireland) Order 1976.U.K.
Commencement Information
I62Sch. 5 para. 5 in force at 22.5.2000, see reg. 1(1)
6. In the Rehabilitation of Offenders (Northern Ireland) Order 1978(21) the references to “solicitor” in the Order shall be interpreted as including reference to a registered European lawyer.U.K.
Commencement Information
I63Sch. 5 para. 6 in force at 22.5.2000, see reg. 1(1)
7. The Solicitors Remuneration Order (Northern Ireland) 1977(22) shall apply to registered European lawyers as it applies to solicitors.U.K.
Commencement Information
I64Sch. 5 para. 7 in force at 22.5.2000, see reg. 1(1)
8. Registered European lawyers shall be treated as if they were officers of the Supreme Court of Northern Ireland and shall be subject to the inherent jurisdiction of that court in like manner and to the same extent as if they were solicitors.U.K.
Commencement Information
I65Sch. 5 para. 8 in force at 22.5.2000, see reg. 1(1)
(This note is not part of the Regulations)
These Regulations, which are made under section 2(2) of the European Communities Act 1972, give effect to European Communities Council Directive No. 98/5/EC of 16 February 1998. The purpose of the Directive is to facilitate the practice of the profession of lawyer on a permanent basis in a member State of the European Community other than the State in which the qualification was obtained.
Under the conditions specified in or permitted by the Directive, a European lawyer may carry out professional activities otherwise reserved to solicitors or barristers and may apply to become a solicitor or barrister.
S.I. 2000/738.
S.I. 1978/1910.
S.I. 1981/228 (N.I. 8).
1988 c. 34. Sections 1 to 32, 34 to 43, 45 and 46 were repealed by the Access to Justice Act 1999 (c. 22), Schedule 15. The repeals were partially brought into force, subject to transitional provisions and savings, on 1st April 2000 by S.I. 2000/774.
S.I. 1976/582 (N.I.12).
Section 33A was inserted by the Access to Justice Act 1999 (c. 22), section 48, Schedule 7, paragraph 3.
Section 81A was inserted by the Supreme Court Act 1981, section 152(1), Schedule 5.
S.I. 1975/1023.
S.I. 1994/2616.
Article 26A was inserted in the Solicitors (Northern Ireland) Order 1976 by Article 10 of the Solicitors (Amendment) (Northern Ireland) Order 1989 (S.I. 1989/1343 (N.I.14)).
A new Part V (remuneration of solicitors) of the Solicitors (Northern Ireland) Order 1976 (articles 64 to 71H) was substituted by article 21(1) of the Solicitors (Amendment) (Northern Ireland) Order 1989, and article 72 was repealed by article 21(2) of the 1989 Order.
S.I. 1980/397 (N.I. 3).
S.I. 1978/1908 (N.I. 27).
S.I. 1977/252 (N.I.).