Regulations 2, 20 and 35

SCHEDULE 1U.K.APPEALS CONCERNING REGISTRATION AS A EUROPEAN LAWYER, EXEMPTION FROM [F1REGULATION 26(a)] OF THE QUALIFICATION REGULATIONS AND ENTRY INTO THE PROFESSION OF SOLICITOR OR BARRISTER

Textual Amendments

Commencement Information

I1Sch. 1 in force at 22.5.2000, see reg. 1(1)

Column 1Column 2
ProfessionAppeal Body
Solicitor (England and Wales) [F2The High Court]
Solicitor (Northern Ireland)The Lord Chief Justice of Northern Ireland
Barrister (England and Wales) [F3The High Court]
Barrister (Northern Ireland)The Executive Council of the Inn of Court of Northern Ireland

Regulation 4

SCHEDULE 2U.K.COMPETENT AUTHORITIES

Commencement Information

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

Column 1Column 2
ProfessionProfessional 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

SCHEDULE 3U.K.MODIFICATION OF ENACTMENTS

PART 1U.K.ENACTMENTS RELATING TO THE PROVISION OF LEGAL ADVICE AND ASSISTANCE AND LEGAL AID

Commencement Information

I3Sch. 3 Pt. 1 in force at 22.5.2000, see reg. 1(1)

Regulation 37(1)

PART 2U.K.ENACTMENTS RESERVING CERTAIN ACTIVITIES TO SOLICITORS, BARRISTERS AND OTHER QUALIFIED PERSONS

Commencement Information

I4Sch. 3 Pt. 2 in force at 22.5.2000, see reg. 1(1)

Textual Amendments

Regulation 37(2)

PART 3U.K.ENACTMENTS RELATING TO UNQUALIFIED PERSONS ACTING AS SOLICITORS

Commencement Information

I5Sch. 3 Pt. 3 in force at 22.5.2000, see reg. 1(1)

Textual Amendments

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(5) shall also be exercisable in relation to registered European lawyers.U.K.

(2) The power to make regulations under [F8section 28(1)(c) to (d)] of that Act shall also be exercisable in relation to [F9registered European lawyers as it is in relation to solicitors, subject to the modifications specified in the Table and subject to paragraph 7(1A).]

[F10(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(6), 34, 36 and 37 of the Solicitors Act 1974; and

(b)section 9 of the Administration of Justice Act 1985(7),

shall also be exercisable in relation to registered European lawyers F11....

[F12(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).]

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

I7Sch. 4 para. 2 in force at 22.5.2000, see reg. 1(1)

F133.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F134.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F135.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

F136.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

7.[F14(1) Subject to sub-paragraph (1A), the provisions of sections F15... 9, 10, 10A, 11, 13, F16... 13A, 13B, 15, 16, 17, F17... 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.

[F18(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;

F19(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) [F20Sections 31(2), 32(3) and (4), 33, 33A, 34(6) and (9), 34A, 34B, F21... 38, 40, 44B, 44BA, 44BC, 44C, 44D, 44E, 56(1)(f), (2) and (4) to (7),] 57 to 75, 81, 81A(8) and 83 of F21... [F22the 1974 Act] shall also apply to registered European lawyers as they apply to solicitors [F23subject to the modifications specified in the Table.]

[F24(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 [F25the 1974 Act] shall apply to registered European lawyers as they apply to solicitors [F26subject to the modifications specified in the Table.]

(4) Section 85 of [F27the 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

I8Sch. 4 para. 7 in force at 22.5.2000, see reg. 1(1)

8.—(1) Subject to [F28sub-paragraph (1A), sections 36 and 36A of the 1974 Act] shall apply to registered European lawyers as [F29they apply] to solicitors.U.K.

[F30(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.]

F31(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

[F32(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;

[F33(c)reference to a sole solicitor is to be read as a reference to a sole practitioner;]

F34(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10.  Sections 46(10)(c), 47, 48, 49, 50(2), 50(3), 51, 52, 53 [F35and 55] of the Solicitors Act 1974 shall apply to registered European lawyers as they apply to solicitors [F36subject to the modifications specified in the Table.] U.K.

[F3711.  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.

12.  For the purposes of section 391 of the Insolvency Act 1986(9) and the Insolvency Practitioners (Recognised Professional Bodies) Order 1986(10), 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

I12Sch. 4 para. 12 in force at 22.5.2000, see reg. 1(1)

13.  Section 142 of the County Courts Act 1984(11) shall apply to registered European lawyers as it applies to solicitors.U.K.

Commencement Information

I13Sch. 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

I14Sch. 4 para. 14 in force at 22.5.2000, see reg. 1(1)

F3815.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F3916.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

Textual Amendments

Commencement Information

I15Sch. 4 para. 16 in force at 22.5.2000, see reg. 1(1)

17.  In the Estate Agents Act 1979(12) 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 [F40or section 9 of the Administration of Justice Act 1985].U.K.

Textual Amendments

Commencement Information

I16Sch. 4 para. 17 in force at 22.5.2000, see reg. 1(1)

F4118.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

19.  In the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(13) 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

I17Sch. 4 para. 19 in force at 22.5.2000, see reg. 1(1)

20.  The Solicitors (Non-Contentious Business) Remuneration Order 1994(14) [F42and 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

I18Sch. 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

I19Sch. 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

I20Sch. 4 para. 22 in force at 22.5.2000, see reg. 1(1)

F4323.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

[F4424.(1) The provisions of sections [F459(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, [F46and 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.]

[F47(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.]]

[F48Table

Provision of the 1974 ActModification
F49. . .F49. . .
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.

F49. . .F49. . .
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.

F49. . . F49. . .
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.
F49. . .F49. . .
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.
F49. . . F49. . .
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.
F49. . .F49. . .
F49. . .F49. . .
F49. . .F49. . .
F49. . .F49. . .
F49. . .F49. . .
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.
F49. . .F49. . .
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.

F50...

Section 13B(6)Reference to a solicitor’s suspension from practice F51... is to be read as a reference to a European lawyer’s suspension from the register of European lawyers F52....
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.

F53. . . F53. . .
F53. . . F53. . .
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.

F54...

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.

F55...

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.

F55...

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.

F56...

F56...

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

F46Sch. 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)

Regulation 37(4)

SCHEDULE 5U.K.EXTENSION OF ENACTMENTS IN RELATION TO THE REGISTRATION OF EUROPEAN LAWYERS WITH THE LAW SOCIETY OF NORTHERN IRELAND

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(15), 33, 34, 35, 61 and 63 shall also be exercisable in relation to registered European lawyers.

Commencement Information

I21Sch. 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

I22Sch. 5 para. 2 in force at 22.5.2000, see reg. 1(1)

3.  Articles 27, 28, 29, 32, 36 to 60, 62, 64A(16) 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

I23Sch. 5 para. 3 in force at 22.5.2000, see reg. 1(1)

4.  Article 51 of the County Courts (Northern Ireland) Order 1980(17) shall apply to registered European lawyers as it applies to solicitors.U.K.

Commencement Information

I24Sch. 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

I25Sch. 5 para. 5 in force at 22.5.2000, see reg. 1(1)

6.  In the Rehabilitation of Offenders (Northern Ireland) Order 1978(18) the references to “solicitor” in the Order shall be interpreted as including reference to a registered European lawyer.U.K.

Commencement Information

I26Sch. 5 para. 6 in force at 22.5.2000, see reg. 1(1)

7.  The Solicitors Remuneration Order (Northern Ireland) 1977(19) shall apply to registered European lawyers as it applies to solicitors.U.K.

Commencement Information

I27Sch. 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

I28Sch. 5 para. 8 in force at 22.5.2000, see reg. 1(1)

(2)

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.

(6)

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

(8)

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

(10)

1986/1764.

(13)

S.I. 1975/1023.

(14)

S.I. 1994/2616.

(15)

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)).

(16)

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.

(19)

S.I. 1977/252 (N.I.).