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The European Communities (Lawyer’s Practice) Regulations 2000

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Regulation 37(3)

SCHEDULE 4U.K.EXTENSION OF ENACTMENTS IN RELATION TO THE REGISTRATION OF EUROPEAN LAWYERS WITH THE LAW SOCIETY

1.—(1) The power to make regulations under section 2 of the Solicitors Act 1974(1) shall also be exercisable in relation to registered European lawyers.U.K.

(2) The power to make regulations under [F1section 28(1)(c) to (d)] of that Act shall also be exercisable in relation to [F2registered European lawyers as it is in relation to solicitors, subject to the modifications specified in the Table and subject to paragraph 7(1A).]

[F3(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(2), 34, 36 and 37 of the Solicitors Act 1974; and

(b)section 9 of the Administration of Justice Act 1985(3),

shall also be exercisable in relation to registered European lawyers F4....

F5(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I1Sch. 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

I2Sch. 4 para. 2 in force at 22.5.2000, see reg. 1(1)

F63.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F64.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F65.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F66.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

7.—[F7(1) Subject to sub-paragraph (1A), the provisions of sections 1B, 9, 10, 10A, 11, 13, 13ZA, 13ZB, 13A, 13B, 15, 16, 17, 17A, 17B, 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.

[F8(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;

(b)grant of initial registration whilst refusing sole practitioner endorsement;

(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) [F9Sections 31(2), 32(3) and (4), 33, 33A, 34(6) and (9), 34A, 34B, 37A, 38, 40, 44B, 44BA, 44BC, 44C, 44D, 44E, 56(1)(f), (2) and (4) to (7),] 57 to 75, 81, 81A(4) and 83 of, and Schedule 1A(5) to, [F10the 1974 Act] shall also apply to registered European lawyers as they apply to solicitors [F11subject to the modifications specified in the Table.]

[F12(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 [F13the 1974 Act] shall apply to registered European lawyers as they apply to solicitors [F14subject to the modifications specified in the Table.]

(4) Section 85 of [F15the 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

Commencement Information

I3Sch. 4 para. 7 in force at 22.5.2000, see reg. 1(1)

8.—(1) Subject to [F16sub-paragraph (1A), sections 36 and 36A of the 1974 Act] shall apply to registered European lawyers as [F17they apply] to solicitors.U.K.

[F18(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.]

F19(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Sch. 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.

[F20(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;

[F21(c)reference to a sole solicitor is to be read as a reference to a sole practitioner;]

F22(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20Sch. 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)

Commencement Information

I5Sch. 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 [F23and 55] of the Solicitors Act 1974 shall apply to registered European lawyers as they apply to solicitors [F24subject to the modifications specified in the Table.] U.K.

Textual Amendments

Commencement Information

I6Sch. 4 para. 10 in force at 22.5.2000, see reg. 1(1)

[F2511.  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

12.  For the purposes of section 391 of the Insolvency Act 1986(6) and the Insolvency Practitioners (Recognised Professional Bodies) Order 1986(7), 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

I7Sch. 4 para. 12 in force at 22.5.2000, see reg. 1(1)

13.  Section 142 of the County Courts Act 1984(8) shall apply to registered European lawyers as it applies to solicitors.U.K.

Commencement Information

I8Sch. 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

I9Sch. 4 para. 14 in force at 22.5.2000, see reg. 1(1)

F2615.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

16.  Registered European lawyers shall be authorised advocates and authorised litigators, for the purposes of the Courts and Legal Services Act 1990 and for the purposes of other enactments where either of those terms is defined by reference to the meaning in that Act.U.K.

Commencement Information

I10Sch. 4 para. 16 in force at 22.5.2000, see reg. 1(1)

17.  In the Estate Agents Act 1979(9) 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 [F27or section 9 of the Administration of Justice Act 1985].U.K.

Textual Amendments

Commencement Information

I11Sch. 4 para. 17 in force at 22.5.2000, see reg. 1(1)

F2818.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

19.  In the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(10) 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

I12Sch. 4 para. 19 in force at 22.5.2000, see reg. 1(1)

20.  The Solicitors (Non-Contentious Business) Remuneration Order 1994(11) [F29and 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

Commencement Information

I13Sch. 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

I14Sch. 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

I15Sch. 4 para. 22 in force at 22.5.2000, see reg. 1(1)

F3023.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

[F3124.—(1) The provisions of sections 40 and 43 of the Administration of Justice Act 1985 apply to registered European lawyers as they apply to solicitors, and for this purpose 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.U.K.

(2) In Schedule 2 to that Act the provisions of paragraphs 7, 9(3), 10(3), 18A(2), 18A(3), 20, 21(1) and 25(1) apply to registered European lawyers as they apply to solicitors, subject to the following modifications—

(a)in paragraphs 9(3), 10(3) and 21(1) reference to the roll is to be read as a reference to the register of European lawyers;

(b)in paragraph 18A(2)(c) 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;

(c)in paragraph 21(1)(b) reference to suspension from practice as a solicitor is to be read as a reference to a European lawyer’s suspension from the register of European lawyers.]

[F32Table

Provision of the 1974 ActModification
Section 1BReference to a sole solicitor is to be read as a reference to a sole practitioner.
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.

Section 9(2)Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.
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.

Section 10(4)(a)

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference to a sole solicitor is to be read as a reference to a sole practitioner.

Section 10(5)Reference to a practising certificate is to be read as a reference to a European lawyer’s registration.
Section 10AReference to solicitors who hold practising certificates is to be read as a reference to registered European lawyers.
Section 10A(2)(b)Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.
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 13Section 13 is to be read as if subsection (1)(a) were omitted.
Section 13(1)(b) and (4)(b) and (f)

Reference to a sole solicitor endorsement or endorsement is to be read as a reference to a sole practitioner endorsement.

Reference in section 13(1)(b) to an application for a solicitor endorsement being refused is not to be read as a reference to an application for initial registration including a sole solicitor endorsement.

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.
Section 13ZA(1)Reference to a practising certificate being in force (a “current certificate”) is to be read as a reference to a registered European lawyer’s registration.
Section 13ZA(1), (2), (5) and (8)(b)Reference to a sole solicitor endorsement or endorsement is to be read as a reference to a sole practitioner endorsement.
Section 13ZA(3)Reference to suspension from practice as a sole solicitor is to be read as a reference to suspension of a sole practitioner endorsement.
Section 13ZA(2), (5), (6)(b) and (8)(c)Reference to a practising certificate is to be read as a reference to a registered European lawyer’s registration.
Section 13ZBReference to a sole solicitor endorsement or endorsement is to be read as a reference to a sole practitioner endorsement.
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.
Section 13A(2)(a)Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.
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.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Section 13B(6)Reference to a solicitor’s suspension from practice or from practice as a sole solicitor is to be read as a reference to a European lawyer’s suspension from the register of European lawyers or suspension of a sole practitioner endorsement.
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.

Section 17A

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference to suspension from practice as a sole solicitor is to be read as a reference to a European lawyer’s suspension from practice as a sole practitioner.

Section 17B

Reference to suspension of a sole solicitor endorsement is to be read as a reference to suspension of a sole practitioner endorsement.

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.

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.

Reference in subsection (1)(ca) to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

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.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

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.

Reference in subsection (3B)(f) to a sole solicitor endorsement being made after a practising certificate was issued is to be read as a reference to a sole practitioner endorsement being made after registration in the register of European lawyers.

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 42In 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 43In 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 44Reference 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.

Reference in section 47(1)(ea) and (2)(bb) and (ea) to suspension from practice as a sole solicitor is to be read as a reference to a European lawyer’s suspension from practice as a sole practitioner.

Reference in section 47(2)(ba) to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

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 51Reference 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 52Reference 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 55Reference 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

(2)

Section 33A was inserted by the Access to Justice Act 1999 (c. 22), section 48, Schedule 7, paragraph 3.

(4)

Section 81A was inserted by the Supreme Court Act 1981, section 152(1), Schedule 5.

(5)

Schedule 1A was inserted by the Courts and Legal Services Act 1990 (c. 41), section 93(3).

(10)

S.I. 1975/1023.

(11)

S.I. 1994/2616.

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