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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: disciplinary proceedings

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9.—(1) This regulation applies in the situations described in paragraphs (2) to (4).

(2) The first situation is where an appropriate authority has commenced disciplinary proceedings(1)—

(a)before exit day, in relation to an individual who—

(i)was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before exit day) at a time before exit day, but

(ii)is not an individual in relation to whom regulation 6 or 7 of these Regulations applies,

and those proceedings have not been determined before exit day,

(b)before the end of the transitional period, in relation to an individual who is on or after exit day registered under regulation 17 of the 2000 Regulations (registration by professional body), as that regulation has effect by virtue of regulation 6 of these Regulations, and those proceedings have not been determined before the end of the transitional period.

(3) The second situation is where any appeal against the determination of disciplinary proceedings commenced by an appropriate authority has not been finally determined or withdrawn—

(a)before exit day, in relation to an individual who—

(i)was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before exit day) at a time before exit day, but

(ii)is not an individual to whom regulation 6 or 7 of these Regulations applies,

(b)before the end of the transitional period, in relation to an individual who is on or after exit day registered under regulation 17 of the 2000 Regulations, as that regulation has effect by virtue of regulation 6 of these Regulations.

(4) The third situation is where the time limit for bringing an appeal against the determination of disciplinary proceedings commenced by an appropriate authority has not yet expired—

(a)before exit day, in relation to an individual who—

(i)was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before exit day), at a time before exit day, but

(ii)is not an individual to whom regulation 6 or 7 of these Regulations applies,

(b)before the end of the transitional period, in relation to an individual who is on or after exit day registered under regulation 17 of the 2000 Regulations, as that regulation has effect by virtue of regulation 6 of these Regulations.

(5) The provisions of the 2000 Regulations mentioned in paragraph (6) continue to have effect as if not revoked by regulation 3, subject to the modifications specified in paragraphs (6) and (7), until the disciplinary proceedings or any appeal have been finally determined or withdrawn.

(6) The provisions and modifications referred to in paragraph (5) are—

(a)regulation 26 (disciplinary proceedings applicable), modified so it has effect as if—

(i)in paragraph (1), “he is subject” were “he was subject” and “is registered” were “was registered”,

(ii)paragraph (2) were omitted, and

(iii)in paragraph (4), “is registered”, in each place where it occurs, were “was registered”,

(b)regulation 27(1)(c) (disciplinary proceedings against a registered European lawyer), modified so it has effect as if “that authority” were “the competent authority in his home State”,

(c)regulation 27(4),

(d)regulation 37(2) (modification and extension of enactments) in so far as it applies to sub-paragraph (e) of this paragraph,

(e)Part 1 of schedule 2, paragraph 1(6), (7) and (9).

(7) Any reference to “registered European lawyer” in the provisions referred to in paragraph (6) has effect as if it were a reference to an individual who was formerly a registered European lawyer.

(8) In this regulation “appropriate authority” has the same meaning as in regulation 26 of the 2000 Regulations as it had effect immediately before exit day.

(1)

Part IV of the 2000 Regulations makes provision concerning regulation and discipline.

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