The European Communities (Services of Lawyers) (Amendment) Order 2004

• Citation: S.I. 2004/1117
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the European Communities (Services of Lawyers) (Amendment) Order 2004 and shall come into force on 17th May 2004.

(2) In this Order “ the Order ” means the European Communities (Services of Lawyers) Order 1978 and any reference to an article by number alone, or to the Schedule, shall mean the article so numbered in, or the Schedule to, the Order.

Section 2 Amendments to European Communities (Services of Lawyers) Order 1978

For “an EEC lawyer”, wherever it occurs in the Order, substitute “a European lawyer”, for “EEC lawyers” where it occurs in article 11, substitute “European lawyers” and for “the EEC lawyer's” where it occurs in article 16(1)(a), substitute “the European lawyer's”.

Section 3 Amendments to European Communities (Services of Lawyers) Order 1978

In article 2—

(a) after the definitions of “advocate”, “barrister” and “solicitor” insert—

“country of origin”, in relation to a European lawyer, means the country or countries in which he is established;

(b) for the definition of “EEC lawyer” substitute—

“European lawyer” means a person entitled to pursue his professional activities in a state in column 1 under the designation referred to in column 2—

Avocat/Advokat/Rechtsanwalt/Anwalt/

Fürsprecher/Fürsprech/Avvocato

(c) omit the definition of “member State of origin”.

Section 4 Amendments to European Communities (Services of Lawyers) Order 1978

In article 11—

(a) omit “member”; and

(b) for “State”, wherever it occurs, substitute “country”.

Section 5 Amendments to European Communities (Services of Lawyers) Order 1978

(1) In Part 1 of the Schedule—

(a) omit the entry relating to the Legal Aid Act 1974; and

(b) after the entry relating to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1977 insert—

Access to Justice Act 1999 (c. 22) .

Financial Services and Markets Act 2000 (c. 8) .

(2) In Part 2 of the Schedule—

(a) omit the entries relating to the Magistrates' Courts Act 1952 and the County Courts Act 1959;

(b) for the entry relating to the Magistrates' Courts Act (Northern Ireland) 1964 substitute “Magistrates' Courts (Northern Ireland) Order 1981, article 164(1).”;

(c) for the entry relating to the County Courts Act (Northern Ireland) 1959 substitute “County Courts (Northern Ireland) Order 1980, article 50.”;

(d) in the entry relating to the Solicitors Act 1974, after “22” insert “and 23”.

(3) In Part 3 of the Schedule, in the entry relating to the Solicitors Act 1974, for “sections 25(1), 39(1) substitute “section 25(1)”.