The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020

Statutory Instruments

2020 No. 1342

Exiting The European Union

Legal Profession, England And Wales

Legal Profession, Northern Ireland

The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020

Made

23rd November 2020

Coming into force in accordance with regulation 1

The Lord Chancellor makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(1) and sections 12 and 14 of, and paragraph 12 of Schedule 4 to, the European Union (Withdrawal Agreement) Act 2020(2).

In accordance with paragraph 1(3) of Schedule 7 to the European Union (Withdrawal) Act 2018 and paragraph 3(1) of Schedule 4 to the European Union (Withdrawal Agreement) Act 2020, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 and, save as is provided in paragraphs (2) and (3), come into force on IP completion day.

(2) This regulation and regulation 3(c) and (d) come into force on the day after the day on which these Regulations are made.

(3) Paragraph 19 of the Schedule and regulation 12, so far as it relates to that paragraph, come into force immediately before IP completion day.

(4) Subject to paragraph (5), these Regulations extend to England and Wales and Northern Ireland only.

(5) The amendments in the Schedule have the same extent as the legislation being amended.

Interpretation

2.  In these Regulations—

“the 1978 Order” means the European Communities (Services of Lawyers) Order 1978(3);

“the 2000 Regulations” means the European Communities (Lawyer’s Practice) Regulations 2000(4).

Revocation

3.  The following are revoked—

(a) the 1978 Order;

(b) the 2000 Regulations;

(c) the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019(5);

(d) the Services of Lawyers and Lawyer’s Practice (Amendment) (EU Exit) Regulations 2019(6).

Transitional provision: the 1978 Order and disciplinary proceedings

4.—(1) This regulation applies where—

(a) a complaint was made to a disciplinary authority under article 15(1) of the 1978 Order before IP completion day against a European lawyer (within the meaning of article 2 of the 1978 Order as it had effect immediately before IP completion day) who is not an individual to whom regulation 5 applies; and

(b) one of the following applies—

(i) the disciplinary authority had not adjudicated upon the complaint before IP completion day,

(ii) the disciplinary authority had adjudicated upon the complaint and an appeal had been made against that adjudication before IP completion day, but the appeal had not been finally determined or withdrawn before IP completion day, or

(iii) the disciplinary authority had adjudicated upon the complaint before IP completion day but an appeal against that adjudication was not made until on or after IP completion day.

(2) Articles 15 to 17 of the 1978 Order (and articles 2 and 3 of that Order as they apply to articles 15 to 17) continue to apply to the complaint, as if the 1978 Order had not been revoked by regulation 3, until the complaint and, if applicable, any appeal, has been finally determined or withdrawn.

Transitional provision: the 1978 Order and Switzerland

5.—(1) This regulation applies to—

(a) a European lawyer who is—

(i) a national of the United Kingdom or a Swiss national, and

(ii) established in Switzerland; or

(b) a European lawyer who is integrated into the regular labour market of Switzerland and who is posted for the provision of carrying on services in professional activities in England and Wales or Northern Ireland by their employer who is established in Switzerland.

(2) For the purposes of this regulation, “European lawyer” has the same meaning as in article 2 of the 1978 Order as it had effect immediately before IP completion day.

(3) Subject to paragraph (4), the 1978 Order continues to have effect in relation to a European lawyer to whom this regulation applies as if the Order were not revoked by regulation 3, but were subject to the modifications specified in paragraph (5), until the later of—

(a) the end of the period of 5 years beginning with IP completion day; or

(b) if the period referred to in sub-paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), the end of that period as extended.

(4) A European lawyer may only carry on professional activities in accordance with the 1978 Order—

(a) on the basis of a written contract or contracts which were concluded, and the performance of which started, before IP completion day; and

(b) for a period not exceeding 90 days in total in a calendar year.

(5) The modifications to the 1978 Order referred to in paragraph (3) are that article 2 of that Order has effect as if—

(a) for the definition of “country of origin” there were substituted—

““country of origin”, in relation to a European lawyer, means the state listed in column 1 of the table in the definition of “European lawyer” in which that lawyer acquired authorisation to pursue professional activities and if the lawyer is authorised in more than one of those states, it means any of those states;”;

(b) in the definition of “own professional authority”—

(i) after “means an authority” there were inserted “in Switzerland”, and

(ii) “in his member state of origin” were omitted.

Transitional provision: the 2000 Regulations and Swiss lawyers

6.—(1) This regulation applies to a Swiss lawyer.

(2) For the purposes of this regulation, “Swiss lawyer” means a national of the United Kingdom or a Swiss national who—

(a) immediately before IP completion day was authorised in Switzerland to pursue professional activities under the professional title of Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech or Avvocato; or

(b) had started training towards but not yet obtained their professional qualifications before IP completion day in order to be authorised in Switzerland to pursue professional activities under one of the professional titles referred to in sub-paragraph (a) but who completed their qualifications and were so authorised before the end of the period of four years beginning with IP completion day.

(3) The provisions of the 2000 Regulations mentioned in paragraph (6) continue, subject to paragraphs (4) and (5), to have effect in relation to a Swiss lawyer as if not revoked by regulation 3 but with the modifications specified in paragraph (6).

(4) The provisions of the 2000 Regulations referred to in paragraph (3) cease to have effect in relation to a Swiss lawyer at the end of the period of four years beginning with IP completion day unless—

(a) the Swiss lawyer is a registered European lawyer immediately before the end of that period;

(b) the Swiss lawyer had applied before the end of that period for registration under regulation 16 of the 2000 Regulations (as it has effect by virtue of this regulation) and—

(i) that application had not been decided before the end of that period,

(ii) the application had been rejected, or deemed to be rejected, under regulation 19 of the 2000 Regulations (as it has effect by virtue of this regulation) and an appeal against that decision had not been finally determined or withdrawn before the end of that period, or

(iii) the application had been rejected, or deemed to be rejected, under regulation 19 of the 2000 Regulations (as it has effect by virtue of this regulation) but an appeal against that decision was not made until at or after the end of that period;

(c) the Swiss lawyer’s registration as a registered European lawyer was suspended before the end of the period of four years beginning with IP completion day and—

(i) that suspension does not end until at or after the end of that period,

(ii) an application to terminate that suspension or an appeal against that suspension had not been finally determined or withdrawn before the end of that period,

(iii) an appeal against any determination of an application to terminate that suspension had not been finally determined or withdrawn before the end of that period,

(iv) an appeal against that suspension was not made until at or after the end of that period, or

(v) any appeal against any determination of any application to terminate that suspension was not made until at or after the end of that period;

(d) the Swiss lawyer’s registration as a registered European lawyer was withdrawn or revoked before the end of the period of four years beginning with IP completion day by the professional body with whom that lawyer had been registered and—

(i) an appeal against that withdrawal or revocation had not been finally determined or withdrawn before the end of that period, or

(ii) an appeal against that withdrawal or revocation was not made until at or after the end of that period.

(5) The provisions of the 2000 Regulations referred to in paragraph (3) cease to continue to have effect in relation to an individual where that individual ceases to be registered with one of the relevant professional bodies under regulation 17 of the 2000 Regulations (as it has effect by virtue of this regulation) at or after the end of the period of four years beginning with IP completion day and that individual —

(a) was a registered European lawyer before the end of the period of four years beginning with IP completion day;

(b) is a Swiss lawyer of the description in paragraph (4)(b) who became a registered European lawyer at or after the end of the period of four years beginning with IP completion day;

(c) is a Swiss lawyer of the description in paragraph (4)(c) whose suspension as a registered European lawyer ended or was terminated at or after the end of the period of four years beginning with IP completion day; or

(d) is a Swiss lawyer of the description in paragraph (4)(d) whose registration as a registered European lawyer was restored at or after the end of the period of four years beginning with IP completion day following the final determination of an appeal.

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

(a) regulation 2, modified so that—

(i) paragraph (1) has effect as if—

(aa) in the definition of “competent authority”, “to undertake the activities required by the Directive set out in that regulation” were omitted;

(bb) the definition of “home State” were omitted;

(cc) the definition of “home professional title” were omitted;

(dd) the definition of “Irish barrister” were omitted;

(ee) the definition of “Irish solicitor” were omitted;

(ff) the definition of “Qualification Regulations” were omitted; and

(gg) after the definition of “solicitors’ professional bodies” there were inserted

“Swiss professional title” means, in relation to a European lawyer, any of the professional titles specified in paragraph (4) under which that lawyer is authorised in Switzerland to pursue professional activities.”,

(ii) paragraph (2) has effect as if—

(aa) in sub-paragraph (a), for “of a State listed in paragraph (4)” there were substituted “a Swiss national”; and

(bb) in sub-paragraph (b), for “any of the States listed in paragraph (4)” there were substituted “Switzerland” and for “that paragraph” there were substituted “paragraph (4)”, and

(iii) for paragraph (4) (including the table) there were substituted—

“(4) The professional titles referred to in the definitions of “Swiss professional title” in paragraph (1) and “European lawyer” in paragraph (2) are Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech or Avvocato.”;

(b) regulation 3, modified so that it has effect as if—

(i) paragraph (1) were omitted, and

(ii) in paragraph (3), after “1978” there were inserted “as that Order has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”;

(c) regulation 4;

(d) except where regulation 10(4)(a) of these Regulations applies, regulation 5, modified so that it has effect as if—

(i) for paragraph (1) there were substituted—

“(1) In order to facilitate the application of the Directive and to prevent its provisions from being misapplied, and to facilitate compliance with Article 33 of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) 2020), a professional body must cooperate with any authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland and may supply or receive any information relating to a European lawyer, or to any person with whom that European lawyer jointly practises, with other professional bodies, the Faculty of Advocates or Law Society of Scotland or an authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland.”, and

(ii) paragraph (3) were omitted;

(e) regulation 6, modified so that it has effect as if for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”;

(f) regulation 7, modified so that it has effect as if—

(i) in paragraph (1)(a), for “his home State” there were substituted “Switzerland”, and

(ii) in paragraph (2)—

(aa) in sub-paragraph (a), for “home professional title” there were substituted “Swiss professional title” and for “his home State” there were substituted “Switzerland”; and

(bb) in sub-paragraph (b), for “that State” there were substituted “Switzerland”;

(g) regulation 8, modified so that it has effect as if—

(i) for “home professional title”, in the first place where it occurs, there were substituted “Swiss professional title”,

(ii) for paragraph (b) there were substituted—

“(b) with another individual who is—

(i) a national of the United Kingdom, a member State of the European Union, Iceland, Liechtenstein, Norway or Switzerland; and

(ii) practising on a permanent basis under their Swiss professional title in Switzerland.”;

(h) regulation 9, modified so that paragraph (1) has effect as if—

(i) for “his home State” there were substituted “Switzerland”, and

(ii) for “home professional title” there were substituted “Swiss professional title”;

(i) regulation 10, modified so that it has effect as if for “his home State” there were substituted “Switzerland”;

(j) regulation 11;

(k) regulation 12, modified so that it has effect as if “unless he has a home professional title obtained in Denmark, the Republic of Ireland, Finland, Sweden, Iceland, Liechtenstein, Norway, the Czech Republic, Cyprus, Hungary or Slovakia” were omitted;

(l) regulation 13, modified so that it has effect as if “unless he has a home professional title obtained in Denmark, Germany, the Republic of Ireland, Austria, Finland, Sweden, Iceland, Liechtenstein, Norway, Cyprus or Slovakia” were omitted;

(m) regulation 14;

(n) regulation 15;

(o) regulation 16, modified so that it has effect as if—

(i) in paragraph (1), for “home professional title” there were substituted “Swiss professional title”, and

(ii) in paragraph (2), for “each home State under whose home professional title” there were substituted “Switzerland under whose Swiss professional title”;

(p) regulation 17, modified so that paragraph (2) has effect as if for “the home State” there were substituted “Switzerland”;

(q) regulation 18, modified so that it has effect as if paragraphs (2) and (3) were omitted;

(r) regulation 19;

(s) regulation 20;

(t) regulation 23;

(u) regulation 24;

(v) regulation 25, modified so that it has effect as if for “home professional title” there were substituted “Swiss professional title”;

(w) regulation 26;

(x) regulation 27, modified so that it has effect as if—

(i) in paragraph (1)(a), for “his home State” there were substituted “Switzerland”,

(ii) in paragraph (2)—

(aa) for “Subject to paragraph (3), where” there were substituted “Where”;

(bb) for “the registered European lawyer’s home State” there were substituted “Switzerland”; and

(cc) for “the home professional title” there were substituted “his Swiss professional title”,

(iii) paragraph (3) were omitted, and

(iv) in paragraph (4), for “the registered European lawyer’s home State” there were substituted “Switzerland”;

(y) regulation 37; and

(z) Schedules 1 to 5.

(7) In this regulation “registered European lawyer” has the same meaning as in regulation 2(1) of the 2000 Regulations as it has effect by virtue of this regulation.

Saving provision: offence of pretending to be a registered European lawyer

7.—(1) Regulation 21 of the 2000 Regulations (and regulations 2 and 17 of those Regulations as they apply to regulation 21) continues to have effect as if not revoked by regulation 3 subject to the modifications set out in paragraph (2).

(2) Regulation 21 has effect as if paragraphs (1)(b) and (2) were omitted.

Transitional provision: disciplinary proceedings

8.—(1) This regulation applies in the situations described in paragraphs (2) to (4).

(2) The first situation is where an appropriate authority has commenced disciplinary proceedings before IP completion day, in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day) at a time before IP completion day; but

(b) is not an individual to whom regulation 6 applies,

and those proceedings have not been determined before IP completion day.

(3) The second situation is where any appeal against the determination of disciplinary proceedings commenced by an appropriate authority has not been finally determined or withdrawn before IP completion day, in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day) at a time before IP completion day; but

(b) is not an individual to whom regulation 6 applies.

(4) The third situation is where the time limit has not yet expired for bringing an appeal against the determination of disciplinary proceedings commenced before IP completion day by an appropriate authority in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day) at a time before the proceedings were commenced; but

(b) is not an individual to whom regulation 6 applies.

(5) Where this regulation applies, the provisions of the 2000 Regulations mentioned in paragraph (6) continue to have effect as if the 2000 Regulations had not been revoked by regulation 3, but subject to any modifications specified in paragraphs (6) and (7), until the disciplinary proceedings or any appeal have been finally determined or withdrawn.

(6) The provisions referred to in paragraph (5) are—

(a) regulation 2;

(b) regulation 26, modified so that it has effect as if—

(i) in paragraph (1), reference to “fails” were a reference to “failed”, reference to “he is subject” were reference to “the registered European lawyer was subject” and reference to “is registered” were a reference to “was registered”,

(ii) paragraph (2) were omitted, and

(iii) in paragraph (4), reference to “is registered”, in each place where it occurs, were a reference to “was registered”;

(c) regulation 27—

(i) paragraph (1)(c), modified so that it has effect as if reference to “that authority” were a reference to “the competent authority in the registered European lawyer’s home state”;

(ii) paragraph (4);

(d) regulation 37(3) and (4) in so far as it applies to sub-paragraphs (e) and (f) of this paragraph;

(e) paragraphs 7(2), 10 and 24 of Schedule 4; and

(f) paragraph 3 of Schedule 5.

(7) Any reference to “registered European lawyer” in the provisions referred to in paragraph (6) has effect as if it were a reference to an individual who was formerly a registered European lawyer.

(8) In this regulation “appropriate authority” has the same meaning as in regulation 26 of the 2000 Regulations as it had effect immediately before IP completion day.

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

9.—(1) Except where regulation 10 applies, this regulation applies where an application under regulation 29 of the 2000 Regulations (as that regulation had effect immediately before IP completion day) for an exemption from a requirement to pass an aptitude test is made before IP completion day and—

(a) that application has not been determined before IP completion day;

(b) any appeal against the determination of that application has not been finally determined or withdrawn before IP completion day; or

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

(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 2;

(b) regulation 4(b) and Schedule 2;

(c) regulation 5, modified so that it has effect as if for paragraph (1) there were substituted—

“(1) In order to facilitate compliance with Article 29 of the withdrawal agreement and Article 28 of the EEA EFTA separation agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with any authority in any of the States listed in regulation 2(4) which has been designated under the Directive by that State as a competent authority in that State and may supply to or receive from such authority, any information relating to a European lawyer or to any person with whom that European lawyer jointly practises.”;

(d) regulation 30, modified so that it has effect as if paragraph (2) were omitted;

(e) regulation 31;

(f) regulation 32, 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 the European lawyer was registered”;

(g) regulation 33;

(h) regulation 34;

(i) regulation 35;

(j) regulation 36, modified so that it has effect as if paragraphs (4) and (5) were omitted;

(k) regulation 37(3) and (4);

(l) Schedule 1;

(m) paragraph 1(1) of Schedule 4;

(n) paragraph 1(2) of Schedule 5 as it applies to article 6 of the Solicitors (Northern Ireland) Order 1976(7).

(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.

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

10.—(1) This regulation applies to a Swiss lawyer to whom regulation 6 applies.

(2) Where this regulation applies, regulation 5 and Part 5 of the 2000 Regulations continue to have effect in relation to a Swiss lawyer referred to in paragraph (1) as if not revoked by regulation 3, but subject to paragraph (3) and the modifications specified in paragraph (4).

(3) Any application made under regulation 29 of the 2000 Regulations (as it has effect by virtue of this regulation) for an exemption from a requirement to pass an aptitude test must be made before the end of the period of four years beginning with IP completion day.

(4) The modifications to the 2000 Regulations referred to in paragraph (2) are—

(a) regulation 5 is modified so that it has effect as if for paragraph (1) there were substituted—

“(1) In order to facilitate compliance with Article 33 of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with an authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland and may supply to or receive from any such authority, information relating to a European lawyer or to any person with whom that European lawyer jointly practises;”;

(b) regulation 29 is modified so as to have effect as if—

(i) in paragraph (1), “under regulation 34(a) of the Qualification Regulations” were omitted, and

(ii) in paragraphs (2)(b) and (3)(b) and (c), for “home professional title” there were substituted “Swiss professional title”; and

(c) regulation 36 is modified so as to have effect as if—

(i) in paragraph (2)—

(aa) for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”; and

(bb) for “his home State”, in both places where it occurs, there were substituted “Switzerland”, and

(ii) in paragraph (3) for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”.

Transitional provision: duty of co-operation

11.—(1) This regulation applies to a professional body in relation to a solicitor or barrister in the situations described in paragraphs (2) or (3).

(2) The first situation is where the barrister or solicitor has a pending application under Article 10(1), (3) and (4) of the Directive as referred to in Article 28 of the withdrawal agreement or Article 27 of the EEA EFTA separation agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020).

(3) The second situation is where Article 30(2), 31(1) (to the extent it applies Articles 2 and 10 of the Directive) or (2), or 32(3) or (4) of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020) applies to the barrister or solicitor.

(4) Where this regulation applies, the provisions of the 2000 Regulations mentioned in paragraph (5) continue to have effect as if they had not been revoked by regulation 3, but with the modifications specified in that paragraph.

(5) The provisions referred to in paragraph (4) are—

(a) regulation 2;

(b) regulation 4(d) and Schedule 2;

(c) regulation 5, modified so that it has effect as if—

(i) for paragraph (1) there were substituted—

“(1) In order to facilitate compliance with Article 29 of the withdrawal agreement, Article 28 of the EEA EFTA separation agreement and Article 33 of the Swiss citizens’ rights agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with any authority in any of the States listed in regulation 2(4) which has been designated under the Directive by that State as a competent authority in that State and may supply to or receive from any such authority, information relating to a solicitor or barrister, or to any person with whom that solicitor or barrister jointly practises.”, and

(ii) in paragraph (2) the reference to “European lawyer” were a reference to “solicitor or barrister”;

(d) regulation 28.

(6) In this regulation the terms “barrister”, “Directive”, “professional body” and “solicitor” have the same meaning as in regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day.

Consequential amendments and further transitional provision

12.  The Schedule to these Regulations makes consequential amendments and further transitional provision.

Signed

Alex Chalk

Parliamentary Under Secretary of State

Ministry of Justice

23rd November 2020

Regulation 12

SCHEDULE Consequential Amendments and Further Transitional Provision

PART 1 Primary Legislation

Solicitors Act 1974

1.—(1) The provisions of the Solicitors Act 1974(8) mentioned in sub-paragraph (2) continue to have effect on and after IP completion day, as applied by regulation 37(3) of, and Schedule 4 to, the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3, in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society, at a time before IP completion day; but

(b) is not a Swiss lawyer to whom regulation 6 applies,

as those provisions had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society under regulation 17 of the 2000 Regulations.

(2) The provisions referred to in sub-paragraph (1) are—

(a) section 36 (compensation grants);

(b) section 37 (professional indemnity);

(c) section 41 (employment by solicitor of person struck off or suspended);

(d) section 42 (failure to disclose fact of having been struck off or suspended);

(e) section 43 (control of solicitors’ employees and consultants);

(f) section 44D (disciplinary powers of the Law Society);

(g) section 44E (appeals against disciplinary action under section 44D);

(h) section 46(9)(b), (10)(a) and (b), (11) and (12) (Solicitors Disciplinary Tribunal), as it has effect by virtue of section 44E(2);

(i) section 46(10)(c) (Solicitors Disciplinary Tribunal);

(j) section 47(1)(b) and (c), (2)(c), (d) and (i), (2A) to (2H), (3), (3A) to (3C) (jurisdiction and powers of Tribunal);

(k) section 48(2)(b) and (3) to (5) (orders of Tribunal);

(l) section 49 (appeals from Tribunal);

(m) section 50(2) and (3) (jurisdiction of Senior Courts over solicitors);

(n) section 51 (procedure upon certain applications to High Court);

(o) section 52 (power of Society to draw up order of court).

Solicitors (Northern Ireland) Order 1976

2.—(1) The provisions of the Solicitors (Northern Ireland) Order 1976(9) mentioned in sub-paragraph (2) continue to have effect on and after IP completion day, as applied by regulation 37(4) of, and Schedule 5 to, the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation, 3 in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day) registered with the Law Society of Northern Ireland at a time before IP completion day, but

(b) is not a Swiss lawyer to whom regulation 6 applies,

as those provisions had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society of Northern Ireland under regulation 17 of the 2000 Regulations.

(2) The provisions referred to in sub-paragraph (1) are—

(a) article 29 (employment by a solicitor of persons whose name have been struck off the roll etc.);

(b) article 41A (power of Council to impose sanctions for inadequate professional services);

(c) article 42(1)(b) and (5A) (lay observers);

(d) article 44(1)(e) to (h) and (2) to (3) (applications and complaints to Tribunal);

(e) articles 46 to 50 (applications to the Tribunal);

(f) article 51(1)(a), (b) and (j) to (l), (2), (3), (5) to (9) and (11) to (12) (orders of Tribunal on inquiry);

(g) article 51A (power of Tribunal to impose sanctions for inadequate professional services);

(h) article 52(1), (2), (4) and (6) to (8) (effect, notice and recording of orders of Disciplinary Committee);

(i) article 53(2) to (6) (appeals against orders of the Tribunal);

(j) article 54 (publication, etc., of orders);

(k) articles 56 to 63 (compensation fund and professional indemnity).

County Courts (Northern Ireland) Order 1980

3.  In article 50(2) of the County Courts (Northern Ireland) Order 1980 (right of audience)(10), after “1978”, insert “, as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981

4.  In article 2(3) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (interpretation)(11), after “1978”, insert “, as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

Magistrates’ Courts (Northern Ireland) Order 1981

5.  In article 164(3) of the Magistrates’ Courts (Northern Ireland) Order 1981 (appearance by counsel or solicitor)(12), after “1978”, insert “, as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

County Courts Act 1984

6.  Section 142 of the County Courts Act 1984 (power to enforce undertakings of solicitors)(13) continues to have effect on and after IP completion day, as applied by regulation 37(3) of, and Schedule 4 to, the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3, in relation to an undertaking given before IP completion day by an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society, at a time before IP completion day; but

(b) is not a Swiss lawyer to whom regulation 6 applies,

as it had effect before IP completion day in relation to an undertaking given by an individual who ceased afterwards to be registered with the Law Society under regulation 17 of the 2000 Regulations.

Administration of Justice Act 1985

7.—(1) The Administration of Justice Act 1985(14) is amended as follows.

(2) In section 9(8) (recognition of legal services bodies and of sole solicitors’ practices)(15), in the definition of “registered European lawyer”, after “2000” insert “, as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

(3) In section 9A (legal services bodies)(16)—

(a) in subsection (6)—

(i) for paragraph (c) substitute—

“(c) an advocate or solicitor in Scotland;

(ca) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;”;

(ii) in paragraph (d)(ii), for “paragraphs (a) to (c)” substitute “paragraphs (a) to (ca)”;

(iii) in paragraph (e), for “paragraphs (a) to (c)” substitute “paragraphs (a) to (ca)”;

(b) in subsection (8), omit the definition of “the Directive”.

8.  Section 43 of the Administration of Justice Act 1985 (jurisdiction and powers of Solicitors Disciplinary Tribunal in relation to complaints against solicitors)(17) continues to have effect as applied by regulation 37(3) of, and Schedule 4 to, the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3 on and after IP completion day, in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society, at a time before IP completion day; but

(b) is not a Swiss lawyer to whom regulation 6 applies,

as it had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society under regulation 17 of the 2000 Regulations.

9.  Paragraphs 14B and 14C of Schedule 2 to the Administration of Justice Act 1985 (disciplinary powers of the Law Society)(18) continue to have effect as applied by regulation 37(3) of, and Schedule 4 to, the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3 on and after IP completion day, in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society, at a time before IP completion day; but

(b) is not a Swiss lawyer to whom regulation 6 applies,

as those paragraphs had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society under regulation 17 of the 2000 Regulations.

10.—(1) Paragraphs 16 to 21 of Schedule 2 to the Administration of Justice Act 1985(19) (Solicitors Disciplinary Tribunal proceedings) continue to have effect as applied by regulation 37(3) of, and Schedule 4 to, the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3 on and after IP completion day, in relation to an individual who—

(a) was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society at a time before IP completion day; but

(b) is not a Swiss lawyer to whom regulation 6 applies,

as those paragraphs had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society under regulation 17 of the 2000 Regulations.

(2) So far as it relates to paragraphs 16 to 18A of Schedule 2 to the Administration of Justice Act 1985, sub-paragraph (1) only applies where the complaint falling within paragraph 16 relates to a conviction imposed or a failure to comply or an act in contravention that occurs before IP completion day.

(3) So far as it relates to paragraphs 20 and 21 of Schedule 2 to the Administration of Justice Act 1985, sub-paragraph (1) only applies where the conduct or default out of which the reason for making the order arises occurs before IP completion day.

Access to Justice (Northern Ireland) Order 2003

11.  For article 2(3) of the Access to Justice (Northern Ireland) Order 2003 (interpretation)(20) substitute—

“(3) References to counsel and solicitors shall be construed in accordance with—

(a) article 10 of the European Communities (Services of Lawyers) Order 1978 as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020; and

(b) regulation 14 of the European Communities (Lawyer’s Practice) Regulations 2000 as it has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020.”.

Legal Services Act 2007

12.—(1) The Legal Services Act 2007(21) is amended as follows.

(2) In section 111 (interpretation of Part 5)—

(a) for subsection (2)(c) substitute—

“(c) an advocate or solicitor in Scotland,

(ca) a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland,”;

(b) in subsection (2)(d) for “paragraphs (a) to (c)”, in both places where it occurs, substitute “paragraphs (a) to (ca)”; and

(c) omit subsection (3).

(3) In section 190 (legal professional privilege) in subsection (5), in paragraph (i) after “(SI 1978/1910)” insert “, as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

(4) In Schedule 3, in paragraph 7 (European lawyers)—

(a) after “(SI 1978/1910)” insert “, as it has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”; and

(b) after “that order” insert “, as it has effect by virtue of that regulation”.

(5) In Part 2 of Schedule 5 (rights of authorised persons during transitional period)—

(a) in paragraph 5—

(i) in sub-paragraph (1)(b), for “home professional title” substitute “Swiss professional title”, and

(ii) in sub-paragraph (3)—

(aa) in the definition of “European regulations”, after “(S.I. 2000/1119)” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”; and

(bb) for “home professional title” substitute “Swiss professional title”;

(b) in paragraph 7(4), in the definition of “registered European lawyer”, after “(S.I. 2000/1119)” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020,”;

(c) in paragraph 8—

(i) in sub-paragraph (1)(b), for “home professional title” substitute “Swiss professional title”, and

(ii) in sub-paragraph (3)—

(aa) in the definition of “European regulations”, after “(S.I. 2000/1119)” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”; and

(bb) for “home professional title” substitute “Swiss professional title”.

13.  The provision made by these Regulations does not affect the protection provided by section 190(2) and (4) of the Legal Services Act 2007 in respect of services provided before IP completion day.

Financial Guidance and Claims Act 2018

14.—(1) The Financial Guidance and Claims Act 2018(22) is amended as follows.

(2) In section 30 (PPI claims: interim restriction on charges before transfer of regulation to FCA), in subsection (5), in the table—

(a) in the entry relating to the General Council of the Bar, in the entry relating to registered European lawyers, after “(S.I. 2000/1119)” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”; and

(b) in the entry relating to the Law Society of England and Wales, in the entry relating to registered European lawyers, after “2000” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

(3) In section 33 (legal services regulators’ rules: charges for claims management services), in subsection (5)—

(a) in paragraph (a)(ii), after “(S.I. 2000/1119)” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”; and

(b) in paragraph (c)(ii), after “2000” insert “, as they have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

PART 2 Secondary legislation

Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

15.  In Part IV of Schedule 1 to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(23), in the definition of “European lawyer” after “2000” insert “, as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

Solicitors (Disciplinary Proceedings) Rules 2007

16.  Rule 2 of the Solicitors (Disciplinary Proceedings) Rules 2007(24) is amended as follows.

(1) For paragraph (4) substitute—

“(4) References in these Rules to registered European lawyers are references to—

(a) those lawyers—

(i) whose names were entered in the register of registered European lawyers maintained by the Law Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as it had effect immediately before IP completion day, at a time before IP completion day, but

(ii) in relation to whom regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 does not apply;

(b) those lawyers whose names are entered in the register of registered European lawyers maintained by the Law Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020, and include, where appropriate, those who have ceased to be registered in that register or whose registration has been suspended.”.

Solicitors’ (Non-Contentious Business) Remuneration Order 2009

17.  In article 2 of the Solicitors’ (Non-Contentious Business) Remuneration Order 2009(25), in the definition of “registered European lawyer”, after “2000” insert “, as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020,”.

Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011

18.  In the table in Schedule 2 to the Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011(26), in the entry relating to the European Communities (Services of Lawyers) Order 1978, in the first column, after “(S.I. 1978/1910)” insert “as that Order has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulation 2020”.

Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019

19.  For regulation 6 of the Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019(27) substitute—

“6.   In article 7 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(28)—

(a) in paragraph (2)—

(i) at the end of sub-paragraph (c), insert “or”,

(ii) in sub-paragraph (d) for “registered European lawyer” substitute “a Swiss lawyer who is a registered European lawyer”, and

(iii) omit sub-paragraph (e) and the “or” which precedes it;

(b) in paragraph (3)—

(i) at the end of sub-paragraph (c), omit “and”,

(ii) at the end of sub-paragraph (d), insert “and”, and

(iii) after sub-paragraph (d), insert—

“(e) “Swiss lawyer” means a national of the United Kingdom or a Swiss national who—

(i) immediately before IP completion day was authorised in Switzerland to pursue professional activities under the professional title of Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech or Avvocato, or

(ii) had started training towards but not yet obtained their professional qualifications before IP completion day in order to be authorised in Switzerland to pursue professional activities under one of the professional titles referred to in paragraph (i) but who completed their qualifications and were so authorised before the end of the period of four years beginning with IP completion day.””.

Solicitors (Disciplinary Proceedings) Rules 2019

20.—(1) Rule 3 of the Solicitors (Disciplinary Proceedings) Rules 2019(29) is amended as follows.

(2) For paragraph (4) substitute—

“(4) Subject to paragraph (5), references in these Rules to registered European lawyers are references to—

(a) those lawyers—

(i) whose names were entered in the register of registered European lawyers maintained by the Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as it had effect immediately before IP completion day, at a time before IP completion day, but

(ii) in relation to whom regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 does not apply;

(b) those lawyers whose names are entered in the register of registered European lawyers maintained by the Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 and includes, where appropriate, those who have ceased to be registered in that register or whose registration has been suspended.”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(c) of that Act) arising from the withdrawal of the UK from the European Union. They are also made in exercise of the powers conferred by sections 12 and 14 of the European Union (Withdrawal Agreement) Act 2020 which make provision for recognition of professional qualifications and equal treatment and provisions implementing the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement (as those agreements are defined in section 39(1) of that Act),

These Regulations revoke with some savings, legislation in the field of legal services in particular, legislation relating to the provision of legal services and the practice of law by European lawyers within England and Wales and Northern Ireland. The Schedule make consequential amendments and transitional provision.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from Judicial and Legal Services Policy, Ministry of Justice, 102 Petty France, London SW1H 9AJ and is published alongside this instrument at www.legislation.gov.uk.

(1)

2018 c. 16; section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21(b) of Schedule 7 was amended by paragraphs 38 and 53(1) and (2)(b) of Schedule 5 to that Act.

(2)

2020 c. 1; the power in sections 12 and 14 is exercisable by the “appropriate authority” as to which see section 12(8) and section 14(6).

(3)

S.I. 1978/1910 relevant amendments made by S.I. 1981/228 (N.I. 8), 2003/435 (N.I. 10), 2004/1117, 2008/81, 2013/1605, 2019/375, and 2019/695.

(4)

S.I. 2000/1119 relevant amendments made by S.I. 2001/644, 2003/435 (N.I. 10), 2004/1628, 2008/81, 2009/1587, 2009/3348, 2013/534, 2013/1605, 2013/3176, 2015/401, 2015/2059, 2019/375 and 2019/695.

(5)

S.I. 2019/375 amended by S.I. 2019/695.

(6)

S.I. 2019/695.

(7)

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

(8)

1974 c. 47, amended by section 154 of, and Schedule 7, paragraph 132 to, the Magistrates’ Courts Act 1980 (c. 43), sections 147 and 152 of, and Schedule 7 to, the Senior Courts Act 1981 (c. 54), section 56(b) of the Administration of Justice Act 1982 (c. 53), sections 37, 38 and 46 of the Criminal Justice Act 1982 (c. 48), sections 8, 44, 67 and 69(5) of, and Schedule 1, paragraph 10, Schedule 7, paragraphs 5 and 6, Schedule 8, Part 3 and Schedule 9, paragraph 9 to, the Administration of Justice Act 1985 (c. 61), section 45 of, and Schedule 5, paragraph 19 to, the Legal Aid Act 1988 (c. 34), sections 92 and 125 of, and Schedule 18, paragraphs 14 and 15 and Schedule 20 to, the Courts and Legal Services Act 1990 (c. 41), sections 48 and 106 of, and Schedule 7, paragraphs 7 and 9 and Schedule 15, Part 1 to, the Access to Justice Act 1999 (c. 22), section 165 of, and Schedule 9, paragraph 46 to, the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 59(5) of, and Schedule 11, Part 4, paragraph 21 to, the Constitutional Reform Act 2005 (c. 4), sections 177 and 210 of, and Schedule 16, Part 1, paragraphs 37, 38, 41, 42, 46, 47, 49, 50 and 51 and Schedule 23 to, the Legal Services Act 2007 (c. 29), section 39 of, and Schedule 5, Part 1, paragraphs 7 to 9 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and S.I. 2015/401. There are other amending instruments not relevant to these Regulations.

(9)

S.I. 1976/582 (N.I. 12), amended by sections 59 and 148 of, and Schedule 11, paragraph 6 to, the Constitutional Reform Act 2005, S.I. 1989/1343 (N.I. 14), 2003/435 (N.I. 10), S.R. 2015 No. 159, and 2016 No. 108.

(10)

S.I. 1980/397 (N.I. 3), to which there are amendments not relevant to these Regulations.

(11)

S.I. 1981/228 (N.I. 8), to which there are amendments not relevant to these Regulations.

(12)

S.I. 1981/1675 (N.I. 26), to which there are amendments not relevant to these Regulations.

(13)

1984 c. 28. Section 142 was amended by section 17(5) of, and Schedule 9, paragraph 10(1)(a) to, the Crime and Courts Act 2013 (c. 22).

(14)

1985 c. 61.

(15)

The heading to section 9 was substituted by S.I. 2015/401. Section 9 was amended by sections 177(b) and 210 of, and Schedule 16, Part 2, paragraph 81 and Schedule 23, paragraph 1 to, the Legal Services Act 2007 and S.I. 2000/1119 and S.I. 2015/401. There are other amendments not relevant to these Regulations.

(16)

Section 9A was inserted by section 177(b) of, and Schedule 16, Part 2, paragraph 82 to, the Legal Services Act 2007 and amended by S.I. 2008/3074.

(17)

Section 43 was amended by sections 24 and 106 of, and Schedule 4, paragraph 36 and Schedule 15, Part 1 to, the Access to Justice Act 1999, section 177(b) of, and Schedule 16, Part 2, paragraph 84 to, the Legal Services Act 2007 and section 39(1) of, and Schedule 5, Part 1, paragraph 31 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

(18)

Paragraphs 14B and 14C were inserted by section 177(b) of, and Schedule 16, Part 2, paragraph 103 to, the Legal Services Act 2007 and amended by S.I. 2015/401.

(19)

Paragraphs 16 to 21 were amended by section 125 of, and Schedule 18, paragraph 57 and Schedule 20 to, the Courts and Legal Services Act 1990, section 177(b) of, and Schedule 16, Part 2, paragraphs 104 to 109 and Schedule 23 to, the Legal Services Act 2007, section 39(1) of, and Schedule 5, Part 1, paragraph 32 to, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and S.I. 2015/401.

(20)

S.I. 2003/435 (N.I. 10), to which there are amendments not relevant to these Regulations.

(21)

2007 c. 29. There are amending instruments not relevant to these Regulations.

(22)

2018 c. 10; there are amendments not relevant to these Regulations.

(23)

S.I. 1979/195 amended by S.I. 2003/355. There are other amendments but none is relevant.

(24)

S.I. 2007/3588; the 2007 Rules were revoked on 25 November 2019 by rule 50 of the Solicitors (Disciplinary Proceedings) Rules 2019 (2019/1185). Rule 51 of the 2019 Rules saves the 2007 Rules for proceedings in respect of which an application was made before the 2019 Rules came into force. There are amendments not relevant to these Regulations.

(25)

S.I. 2009/1931, amended by S.I. 2010/2262 and 2012/171.

(26)

S.I. 2011/2866, to which there are amendments not relevant to these Regulations.

(27)

S.I. 2019/710.

(28)

S.I. 2001/544.

(29)

S.I. 2019/1185; there are amendments to rule 3(4) made by rule 4 of S.I. 2020/462.