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

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Citation, commencement and interpretation

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

(2) In these Regulations, any reference to a regulation by number alone means the regulation so numbered in the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000(1).

Transitional provisions

2.—(1) In this regulation “relevant lawyer” means a European lawyer, as defined by the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 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) 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) (Scotland) Regulations 2000

3.  In the table in regulation 2(4) (definition of European lawyer), after the entry relating to Sweden, there shall be inserted–

SwitzerlandAvocat/Advokat/Rechtsanwalt/Anwalt/ Fürsprecher/Fürsprech/Avvocato
IcelandLögmaður
LiechtensteinRechtsanwalt
NorwayAdvokat
Czech RepublicAdvokát
EstoniaVandeadvokaat
CyprusΔικηγóρος (Dikegoros)
LatviaZvērinãts advokãts
LithuaniaAdvokatas
HungaryÜgyvéd
MaltaAvukat/Prokuratur legali
PolandAdwokat/Radca prawny
SloveniaOdvetnik/Odvetnica
SlovakiaAdvokát/Komerčný právnik.

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

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

CATHY JAMIESON

A member of the Scottish Executive

St Andrew’s House, Edinburgh

22nd June 2004

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