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The Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019

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Transitional provision: the European Communities (Services of Lawyers) Order 1978 and Switzerland

This section has no associated Policy Notes

5.—(1) This regulation applies to—

(a)a European lawyer who is—

(i)a national of the United Kingdom or a Swiss national, and

(ii)established in Switzerland, or

(b)a European lawyer who is integrated into the regular labour market of Switzerland and who is posted for the provision of carrying on professional activities in Scotland by their employer who is established in Switzerland.

(2) For the purposes of this regulation, “European lawyer” has the same meaning as in article 2 of the 1978 Order as it had effect immediately before exit day.

(3) Subject to paragraph (4), the 1978 Order continues to have effect in relation to a European lawyer referred to in paragraph (1) as if the Order were not revoked by regulation 3 but were subject to the modifications specified in paragraph (5) until whichever is the later of—

(a)the end of the period of five years beginning with exit day, or

(b)if the period referred to in sub-paragraph (a) is extended in accordance with Article 23(2) of the agreement between the United Kingdom of Great Britain and Northern Ireland and the Swiss Confederation following the withdrawal of the United Kingdom from the European Union and the free movement of persons agreement, the end of that period as extended(1).

(4) A European lawyer may only carry on professional activities in accordance with the 1978 Order—

(a)on the basis of a written contract or contracts which were concluded, and the performance of which started, before exit day, and

(b)for a period not exceeding 90 days in total in a calendar year.

(5) The modifications to the 1978 Order referred to in paragraph (3) are that article 2 (interpretation) of that Order has effect as if—

(a)for the definition of “country of origin” there were substituted—

“country of origin”, in relation to a European lawyer, means the state listed in column 1 of the table in the definition of “European lawyer” in which that lawyer acquired his authorisation to pursue professional activities and if he is authorised in more than one of those states, it means any of those states;,

(b)in the definition of “own professional authority”—

(i)after “means an authority” there were inserted “in Switzerland”, and

(ii)“in his member State of origin” were omitted.

(1)

A copy of the agreement is available from Judicial and Legal Services Policy, Ministry of Justice, 102 Petty France, London SW1H 9AJ or at www.gov.uk

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