Statutory Instruments
2004 No. 1628
LEGAL PROFESSION, ENGLAND AND WALES
LEGAL PROFESSION, NORTHERN IRELAND
The European Communities (Lawyer’s Practice) (Amendment) Regulations 2004
Made
25th June 2004
Laid before Parliament
25th June 2004
Coming into force
16th September 2004
The Secretary of State, being a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to matters relating to the practice of the profession of lawyer, in exercise of the powers conferred upon him by that section, makes the following Regulations:
Citation, commencement and interpretation
1. —(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( 3 ) and any reference to a regulation or Schedule by number alone shall mean the regulation or Schedule so numbered in the Regulations.
Transitional provisions
2. —(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”.
Amendments to European Communities (Lawyer’s Practice) Regulations 2000
3. In the table in regulation 2(4), after the entry relating to Sweden, there shall be inserted—
| “ Switzerland | Avocat/Advokat/Rechtsanwalt/Anwalt/ Fürsprecher/Fürsprech/Avvocato |
| Iceland | Lögmaður |
| Liechtenstein | Rechtsanwalt |
| Norway | Advokat |
| Czech Republic | Advokát |
| Estonia | Vandeadvokaat |
| Cyprus | Δικηγόρος |
| Latvia | Zvērinâts advokâts |
| Lithuania | Advokatas |
| Hungary | Ügyvéd |
| Malta | Avukat/Prokuratur Legali |
| Poland | Adwokat/Radca prawny |
| Slovenia | Odvetnik/Odvetnica |
| Slovakia | Advokát/Komerèný právnik. ” |
4. In regulation 12, for “or Sweden” there shall be substituted “, Sweden, Iceland, Liechtenstein, Norway, the Czech Republic, Cyprus, Hungary or Slovakia”.
5. In regulation 13, for “or Sweden” there shall be substituted “, Sweden, Iceland, Liechtenstein, Norway, Cyprus or Slovakia”.
6. 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 ( 4 ) ” .
7. —(1) In paragraph 7(2) of Schedule 4, before “33” there shall be inserted “32(4),”( 5 ).
(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. ” .
Signed by authority of the Secretary of State
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 25th June 2004
S.I. 2000/1119 ., amended by S.I. 2001/644 and 2003/435 (from a date to be appointed).
2000 c. 8 . Under section 134 of the Financial Services and Markets Act 2000 the Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before the Financial Services and Markets Tribunal.
The reference is to section 32(4) of the Solicitors Act 1974 (c. 47) ; amended by Access to Justice Act 1999 (c. 22) , Schedule 7 paragraph 2(a) and Schedule 15 Part II.