The Legal Services Act 2007 (Registered European Lawyers) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119) (as amended) (“the 2000 Regulations”) and makes an amendment to the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781). The 2000 Regulations implemented Council Directive No. 98/5/EC (“the Directive”), dated 16th February 1998, to facilitate the practice of the profession of lawyer on a permanent basis in certain States other than the State in which the professional qualification was obtained.

The amendments made by this Order reflect the changes made to the regulation of legal professionals, in particular, solicitors, in England and Wales as a result of the Legal Services Act 2007 (c. 29) (“the 2007 Act”). There have not been any changes to the effect of the Directive since the 2000 Regulations were last amended.

The amendments made by articles 2(6) and 3(2) to (10) and (15) are required to ensure that the 2000 Regulations are consistent with amendments to, and insertions and substitutions of, provisions in the Solicitors Act 1974 (c. 47) (“the 1974 Act”) and the Courts and Legal Services Act 1990 (c. 41) made by the 2007 Act. Where required, these provisions of the 1974 Act are modified as specified in the Table to reflect the existing regulatory regime for registered European lawyers. The Table is inserted in Schedule 4 to the 2000 Regulations by article 3(18).

Amendments made by article 3(12), (13) and (17) are to references in the 2000 Regulations to provisions of the Administration of Justice Act 1985 (c. 61) which have been amended by the 2007 Act.

Amendments in articles 2(2)(b), (3), (4) and (5)(a) and 3(11), (14) and (16) reflect changes in other domestic legislation since the 2000 Regulations were last amended.

The amendment made by article 2(5)(b) to the 2000 Regulations and by article 4 to the European Communities (Recognition of Professional Qualifications) Regulations 2007 reflect the change of approach in the 2007 Act to routes of appeal, where the appellate role of the Master of the Rolls has been considerably reduced.

An impact assessment has not been prepared for this Order, but a full Regulatory Impact Assessment was prepared for the Legal Services Bill in November 2006, supplemented in 2007. Copies of those documents are annexed to the Explanatory Memorandum which is available alongside this instrument on the OPSI website.