The European Communities (Lawyer’s Practice) (Amendment) Regulations 2004

• Citation: S.I. 2004/1628
• Sections: 7

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the European Communities (Lawyer’s Practice) (Amendment) Regulations 2004 and shall come into force on 16th September 2004.

(2) In these Regulations “ the Regulations ” means the European Communities (Lawyer’s Practice) Regulations 2000 and any reference to a regulation or Schedule by number alone shall mean the regulation or Schedule so numbered in the Regulations.

Section 2 Transitional provisions

(1) In this regulation “relevant lawyer” means a European lawyer, as defined by the Regulations but only as they are amended by these Regulations, who satisfies either or both of the conditions set out in paragraph (2) of this regulation.

(2) Those conditions are that—

(a) that person is a national of Switzerland, Iceland, Liechtenstein, Norway, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or

(b) that person is authorised in any of those States to pursue professional activities under any of the professional titles appearing in regulation 2(4) of the Regulations as it is amended by these Regulations, opposite the name of that State.

(3) Regulations 21 and 22 shall apply to a relevant lawyer only as from 16th March 2005.

(4) Regulation 1(2) to (5) shall apply to a relevant lawyer with the following modifications—

(a) for “22nd May 2000”, where it occurs in paragraph (2), there shall be substituted “16th September 2004”;

(b) for “21st November 2000”, wherever it occurs, there shall be substituted “15th March 2005”; and

(c) for “22nd November 2000”, wherever it occurs, there shall be substituted “16th March 2005”.

Section 3 Amendments to European Communities (Lawyer’s Practice) Regulations 2000

In the table in regulation 2(4), after the entry relating to Sweden, there shall be inserted—

Avocat/Advokat/Rechtsanwalt/Anwalt/

Fürsprecher/Fürsprech/Avvocato

Section 4 Amendments to European Communities (Lawyer’s Practice) Regulations 2000

In regulation 12, for “or Sweden” there shall be substituted “, Sweden, Iceland, Liechtenstein, Norway, the Czech Republic, Cyprus, Hungary or Slovakia”.

Section 5 Amendments to European Communities (Lawyer’s Practice) Regulations 2000

In regulation 13, for “or Sweden” there shall be substituted “, Sweden, Iceland, Liechtenstein, Norway, Cyprus or Slovakia”.

Section 6 Amendments to European Communities (Lawyer’s Practice) Regulations 2000

In Part 1 of Schedule 3, after the entry relating to the Access to Justice Act 1999 there shall be inserted—

Financial Services and Markets Act 2000

Section 7 Amendments to European Communities (Lawyer’s Practice) Regulations 2000

(1) In paragraph 7(2) of Schedule 4, before “33” there shall be inserted “32(4),” .

(2) For paragraph 24 of Schedule 4 there shall be substituted—

(24) In Schedule 2 to the Administration of Justice Act 1985—

(a) in paragraph 11 the reference to a solicitor shall also apply to a registered European lawyer; and

(b) paragraph 21(1)(b) shall apply to a director or to a member of a limited liability partnership who is a registered European lawyer as it applies to a director who is a solicitor and reference to the roll shall include reference to the register.