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

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Citation, commencement and extent

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

(2) This Order extends to Scotland and insofar as it extends beyond Scotland it does so only as a matter of Scots law.

Amendments to the European Communities (Services of Lawyers) Order 1978

2.  The European Communities (Services of Lawyers) Order 1978(1) is amended in accordance with the following articles.

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

4.  In article 2(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 using the designation referred to in column 2–

StateDesignation(s)
AustriaRechtsanwalt
BelgiumAvocat/Advocaat
CyprusΔικηγóρος
Czech RepublicAdvokát
DenmarkAdvokat
EstoniaVandeadvokaat
FinlandAsianajaja/Advokat
FranceAvocat
GermanyRechtsanwalt
Hellenic RepublicDikegoros
HungaryÜgyvéd
IcelandLögmaður
Republic of IrelandBarrister/solicitor
ItalyAvvocato
LatviaZvẽrinãts advokãts
LiechtensteinRechtsanwalt
LithuaniaAdvokatas
LuxembourgAvocat
MaltaAvukat/Prokuratur Legali
NetherlandsAdvocaat
NorwayAdvokat
PolandAdwokat/Radca prawny
PortugalAdvogado
SlovakiaAdvokát/Komerčný právnik
SloveniaOdvetnik/Odvetnica
SpainAbogado/Advocat/Avogado/Abokatu
SwedenAdvokat
SwitzerlandAvocat/Advokat/Rechtsanwalt/Anwalt/Fürsprecher/Fürsprech/Avvocato
  • and

    (c)

    omit the definition of “member State of origin”.

5.  In article 11–

(a)omit “member”; and

(b)for “State” in each place where it appears, substitute “country”.

6.  In article 18–

(a)in paragraph (2), for “the Solicitors (Scotland) Act, 1933” substitute “the Solicitors (Scotland) Act 1980”(3); and

(b)in paragraph (3), for “section 42 of the Solicitors (Scotland) Act 1933” substitute “section 33 of the Solicitors (Scotland) Act 1980”(4).

7.  In the Schedule–

(a)in Part 1, for “Legal Aid (Scotland) Act 1967 (c. 43)” substitute “Legal Aid (Scotland) Act 1986 (c. 47)”;

(b)in Part 2, for “Solicitors (Scotland) Act 1933 (c. 21), section 39” substitute “Solicitors (Scotland) Act 1980 (c. 46), section 32”(5); and

(c)in Part 3, for “Solicitors (Scotland) Act 1933 (c. 21), sections 37, 38” substitute “Solicitors (Scotland) Act 1980 (c. 46), section 26”(6).

A. K. Galloway

Clerk of the Privy Council

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