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

• Citation: S.I. 2009/1587
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Legal Services Act 2007 (Registered European Lawyers) Order 2009 and comes into force—

(a) for the purposes of article 2(6), on the same day as section 13 of the Legal Services Act 2007 comes into force;

(b) for the purposes of article 3(7)(c)(ii), on the same day as paragraph 39 of Schedule 16 to the Legal Services Act 2007 comes into force;

(c) for all other purposes, on the same day as paragraph 9 of Schedule 16 to the Legal Services Act 2007 comes into force.

(2) In this Order—

(a) “the 1974 Act ” means the Solicitors Act 1974 ;

(b) “the 2000 Regulations ” means the European Communities (Lawyer’s Practice) Regulations 2000 ;

Section 2 Amendment of the European Communities (Lawyer’s Practice) Regulations 2000

(1) The 2000 Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) at the appropriate place add—

“the 1974 Act” means the Solicitors Act 1974;

(b) for the definition of “ Qualification Regulations ” substitute—

“Qualification Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 2007 ;

(3) In regulation 11 after paragraph (3) insert—

(4) Paragraph (2) does not apply to professional activities relating to the representation of a client in proceedings before the Asylum and Immigration Tribunal or the Asylum Support Tribunal, or any tribunal hearing an appeal from those tribunals.

(4) In regulation 29(1) for “regulation 6(1)(b)(ii) of the Qualification Regulations” substitute “regulation 26(a) of the Qualification Regulations”.

(5) In Schedule 1—

(a) in the title for “regulation 6(1)(b)(ii)” substitute “regulation 26(a)”;

(b) in Column 2 of the table for the entry “The Master of the Rolls” substitute “The High Court”.

(6) In Schedule 3—

(a) in Part 2, omit the entries for the 1974 Act and the Courts and Legal Services Act 1990 ;

(b) in Part 3, omit the entry for the 1974 Act.

Section 3 Amendment of the European Communities (Lawyer’s Practice) Regulations 2000

(1) Schedule 4 to the 2000 Regulations is amended in accordance with paragraphs (2) to (18).

(2) In paragraph 1(2)—

(a) for “section 28(5)” substitute “section 28(1)(c) to (d)”;

(b) for the words from “any appeals” to the end substitute “registered European lawyers as it is in relation to solicitors, subject to the modifications specified in the Table and subject to paragraph 7(1A).”.

(3) After paragraph 1(2) insert—

(2A) Section 28(3B) to (3G) of the 1974 Act has effect with respect to registered European lawyers as it has effect with respect to solicitors, subject to the modifications specified in the Table and subject to paragraph 7(1A).

(4) In paragraph 1(3) omit from “, and for the purposes” to the end.

(5) Omit paragraph 1(4).

(6) Omit paragraphs 3 to 6.

(7) In paragraph 7—

(a) for sub-paragraph (1) substitute—

(1) Subject to sub-paragraph (1A), the provisions of sections 1B, 9, 10, 10A, 11, 13, 13ZA, 13ZB, 13A, 13B, 15, 16, 17, 17A, 17B, 18 and 84 of the 1974 Act shall apply to registered European lawyers as they apply to solicitors subject to the modifications specified in the Table.

(b) after sub-paragraph (1) insert—

(1A) An appeal by a European lawyer in respect of the following decisions of the Law Society is to be made under regulation 20 and not under section 13 or 13B(7) of the 1974 Act or under regulations made under section 28(3D) of the 1974 Act—

(a) refusal of initial registration;

(b) grant of initial registration whilst refusing sole practitioner endorsement;

(c) grant of initial registration subject to a condition;

(d) refusal to renew a registration;

(e) failure to take a decision on an application for initial registration within the statutory time limit;

(f) withdrawal or revocation of a registration;

(g) suspension of a registration.

(c) in sub-paragraph (2)—

(i) for “Sections 32(4), 33, 33A(2), 37A, 40, 44B, 44C, 56(2), 56(7),” substitute “Sections 31(2), 32(3) and (4), 33, 33A, 34(6) and (9), 34A, 34B, 37A, 38, 40, 44B, 44BA, 44BC, 44C, 44D, 44E, 56(1)(f), (2) and (4) to (7),”;

(ii) omit “37A,” and “, and Schedule 1A to,”;

(iii) for “that Act” substitute “the 1974 Act”;

(iv) for the words from “and the definitions of” to the end substitute “subject to the modifications specified in the Table.”;

(d) after sub-paragraph (2) insert—

(2A) The following provisions of the 1974 Act have effect as follows—

(a) in section 34(10) the reference to subsection (9) is to be read as including a reference to that subsection as it has effect by virtue of sub-paragraph (2);

(b) section 56(1)(a) to (e) to the extent necessary to give effect to section 56(1)(f) as it has effect by virtue of sub-paragraph (2).

(e) in sub-paragraph (3)—

(i) for “that Act” substitute “the 1974 Act”;

(ii) for the words from “, and references in those sections” to the end substitute “subject to the modifications specified in the Table.”;

(f) in sub-paragraph (4) for “that Act” substitute “the 1974 Act”.

(8) In paragraph 8—

(a) in sub-paragraph (1)—

(i) for “sub-paragraphs (2) to (4), section 36 of that Act” substitute “sub-paragraph (1A), sections 36 and 36A of the 1974 Act”;

(ii) for “it applies” substitute “they apply”;

(b) after sub-paragraph (1) insert—

(1A) The Society may make different provision with respect to registered European lawyers, and European lawyers making an application for initial registration, from the provision made with respect to solicitors.

(c) omit sub-paragraphs (2) to (4).

(9) In paragraph 9—

(a) for sub-paragraph (a) substitute—

(aa) reference to the roll is to be read as a reference to the register of European lawyers;

(ab) reference to a solicitor suspended from practice is to be read as a reference to a European lawyer whose registration is suspended;

(ac) in paragraph 1(1)(k) of Schedule 1 to the 1974 Act, reference to a person acting as a solicitor when he did not have a practising certificate which was in force is to be read as a reference to a European lawyer or registered European lawyer who has committed an offence under regulation 21 of these Regulations;

(b) for sub-paragraph (c) substitute—

(c) reference to a sole solicitor is to be read as a reference to a sole practitioner;

(c) omit sub-paragraph (d).

(10) In paragraph 10—

(a) for “, 55, 78(1) and 78(2)” substitute “and 55”;

(b) for the words from “and references in those sections” to the end substitute “subject to the modifications specified in the Table.”.

(11) For paragraph 11 substitute—

(11) Part XX of the Financial Services and Markets Act 2000 , including the definition of “members” in section 325(2), has effect in relation to registered European lawyers as it has in relation to solicitors.

(12) Omit paragraph 15.

(13) In paragraph 17 after “the Solicitors Act 1974” insert “or section 9 of the Administration of Justice Act 1985 ”.

(14) Omit paragraph 18.

(15) In paragraph 20 after “The Solicitors (Non-Contentious Business) Remuneration Order 1994” insert “and any other order made under section 56 of the 1974 Act”.

(16) Omit paragraph 23.

(17) For paragraph 24 substitute—

(24)

(1) The provisions of sections 40 and 43 of the Administration of Justice Act 1985 apply to registered European lawyers as they apply to solicitors, and for this purpose the reference to a person’s solicitor in section 40(1) is to be read as a reference to a registered European lawyer acting for a person.

(2) In Schedule 2 to that Act the provisions of paragraphs 7, 9(3), 10(3), 18A(2), 18A(3), 20, 21(1) and 25(1) apply to registered European lawyers as they apply to solicitors, subject to the following modifications—

(a) in paragraphs 9(3), 10(3) and 21(1) reference to the roll is to be read as a reference to the register of European lawyers;

(b) in paragraph 18A(2)(c) reference to a person who is not a solicitor is to be read as a reference to a person who is neither a solicitor nor a registered European lawyer;

(c) in paragraph 21(1)(b) reference to suspension from practice as a solicitor is to be read as a reference to a European lawyer’s suspension from the register of European lawyers.

(18) After that paragraph insert—

Reference to a certificate is to be read as a reference to a European lawyer’s registration.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference to a person whose name is on the roll is to be read as a reference to a European lawyer, as defined by regulation 2(1) to (4) of these Regulations.

Reference to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration in the register of European lawyers.

Reference to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration in the register of European lawyers.

Reference to suspension from practice is to be read as a reference to suspension from the register of European lawyers.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference to a sole solicitor is to be read as a reference to a sole practitioner.

Reference to a sole solicitor endorsement or endorsement is to be read as a reference to a sole practitioner endorsement.

Reference in section 13(1)(b) to an application for a solicitor endorsement being refused is not to be read as a reference to an application for initial registration including a sole solicitor endorsement.

Reference to the issuing of a practising certificate is to be read as a reference to renewal of registration.

Reference to a practising certificate or certificate is to be read as a reference to a registration in the register of European lawyers.

References to a practising certificate or the appellant’s certificate are to be read as references to a registered European lawyer’s registration.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference to a practising certificate is to be read as a reference to a European lawyer’s registration.

Reference in subsection (1) to suspension from practice is to be read as a reference to a European lawyer’s suspension from the register of European lawyers.

Reference to a practising certificate or certificate is to be read as a reference to a registration in the register of European lawyers.

Reference to a solicitor’s suspension from practice or suspension is to be read as reference to the suspension of a European lawyer’s registration.

Reference in subsections (1) and (3) to expiry of a certificate is to be read as expiry of a European lawyer’s registration.

Reference to suspension of a solicitor’s practising certificate is to be read as reference to the suspension of a European lawyer’s registration.

Reference to a note against a solicitor’s name on the roll is to be read as reference to a note against a European lawyer’s name on the register of European lawyers.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference to suspension from practice as a sole solicitor is to be read as a reference to a European lawyer’s suspension from practice as a sole practitioner.

Reference to suspension of a sole solicitor endorsement is to be read as a reference to suspension of a sole practitioner endorsement.

Reference to a note against a solicitor’s name on the roll is to be read as reference to a note against a European lawyer’s name on the register of European lawyers.

References to the register kept under section 10A are to be read as a reference to the register of European lawyers.

Subsection (1) is to be read as if reference to an extract from the roll were omitted.

Section 18 is to be read as if subsection (2)(a) were omitted.

Reference in subsection (1)(c) to a practising certificate is to be read as a reference to a European lawyer’s registration.

Reference in subsection (1)(ca) to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference in subsection (1)(d) to the register kept under section 10A is to be read as a reference to the register of European lawyers.

Reference to a practising certificate is to be read as a reference to a European lawyer’s registration.

Reference to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference in subsection (3B)(d) and (e) to the issuing of a practising certificate is to be read as a reference to initial registration or renewal of registration.

Reference in subsection (3B)(f) to a sole solicitor endorsement being made after a practising certificate was issued is to be read as a reference to a sole practitioner endorsement being made after registration in the register of European lawyers.

Subsection (3B)(i) is to be read as if reference to replacement were omitted.

Reference in subsection (3B)(k) to solicitors who hold practising certificates is to be read as reference to registered European lawyers.

Reference in subsection (3C) to the register under section 10A is to be read as a reference to the register of European lawyers.

Reference to a solicitor is to be read as to include a reference to a registered European lawyer.

Reference in subsections (1)(a) and (4)(a) to the roll is to be read as to include a reference to the register of European lawyers.

Reference in subsections (1)(b) and (4)(b) to suspension from practising as a solicitor is to be read as to include a reference to suspension from the register of European lawyers.

Reference in subsection (1)(c) to a practising certificate being suspended is to be read as to include a reference to a European lawyer’s registration being suspended.

Reference in subsection (1B) to the “employed solicitor” is not to be read as a reference to an employed European lawyer.

Reference to the roll is to be read as reference to the register of European lawyers.

Reference in section 47(1)(d) and (2)(b) and (e) to suspension from practice is to be read as a reference to suspension from the register of European lawyers.

Reference in section 47(1)(ea) and (2)(bb) and (ea) to suspension from practice as a sole solicitor is to be read as a reference to a European lawyer’s suspension from practice as a sole practitioner.

Reference in section 47(2)(ba) to a sole solicitor endorsement is to be read as a reference to a sole practitioner endorsement.

Reference in section 47(2A)(a) to another solicitor is to be read as to include a reference to a solicitor or a registered European lawyer.

Reference in section 47(2B) to a firm of solicitors is to be read as a reference to a firm of solicitors and/or registered European lawyers.

Reference to an employee who is not a solicitor is to be read as a reference to an employee who is neither a solicitor nor a registered European lawyer

Reference to the striking off of a name from the roll is to be read as reference to striking a European lawyer’s name from the register of European lawyers.

Reference to suspension from practice is to be read as a reference to suspension from the register of European lawyers.

Reference to a note of the order on the roll is to be read as reference to a note on the register of European lawyers.

Reference to a solicitor who has in force, or who has applied for, a practising certificate is to be read as a reference to a European lawyer who is registered or who has applied for registration in the register of European lawyers.

Reference in subsection (3) to a practising solicitor is to be read as a reference to a registered European lawyer.

Section 4 Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 2007

The table in Schedule 5 to the European Communities (Recognition of Professional Qualifications) Regulations 2007 is amended so that in relation to the entry “Solicitor in England and Wales” in the left hand column, for the entry “The Master of the Rolls” in the right hand column substitute “The High Court”.