The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019

Transitional provision: applications for entry into profession of solicitor or barrister

8.—(1) This regulation applies where an application under regulation 29 of the 2000 Regulations (as that regulation has effect by virtue of regulation 5 of these Regulations) for an exemption from a requirement to pass an aptitude test is made before the end of the transitional period and—

(a) that application has not been determined before the end of the transitional period;

(b) any appeal against the determination of that application has not been finally determined or withdrawn before the end of the transitional period; or

(c) the time limit for bringing an appeal against the determination of that application has not expired before the end of the transitional period.

(2) Where this regulation applies, the provisions of the 2000 Regulations mentioned in paragraph (3) continue to have effect as if they had not been revoked by regulation 3, but subject to any modifications specified in paragraphs (3) and (4), until the application and, if applicable, any appeal have been finally determined or withdrawn.

(3) The provisions referred to in paragraph (2) are—

(a) regulation 30 (decision by professional body), modified so that it has effect as if paragraph (2) were omitted;

(b) regulation 31 (evidence in support of application for exemption under regulation 29(2));

(c) regulation 32 (evidence in support of application for exemption under regulation 29(3)), modified so that it has effect as if in paragraph (2) the reference to “the period he has been registered” were a reference to “the period he was registered”;

(d) regulation 33 (meaning of “effectively and regularly pursued”);

(e) regulation 34 (time limit for decision and notification by professional body);

(f) regulation 35 (appeal);

(g) regulation 36 (practice under the title of solicitor or barrister), modified so that it has effect as if paragraphs (4) and (5) were omitted;

(h) regulation 37(3) and (4) (modification of enactments);

(i) Schedule 1;

(j) Schedule 4, paragraph 1(1); and

(k) Schedule 5, paragraph 1(2) as it applies to article 6 of the Solicitors (Northern Ireland) Order 1976(1).

(4) Any reference to “registered European lawyer” in the provisions referred to in paragraph (3) has effect as if it were a reference to an individual who was formerly a registered European lawyer.

(1)

S.I. 1976/582 (N.I. 12), amended by S.I. 1989/1343 (N.I. 14).