Textual Amendments
F1Sch. 3 para. 1A and cross-heading inserted (22.5.2000) by The European Communities (Lawyer's Practice) (Scotland) Regulations 2000 (S.S.I. 2000/121), regs. 1(1), 37(1), Sch. 1 para. 1(13)
1A(1)Subject to the provisions of this paragraph, paragraph (1) above shall apply to registered European lawyers as it applies to solicitors and references to a practising certificate shall include references to a registered European lawyer’s registration certificate.S
(2)Where a registered European lawyer can prove that–
(a)he is covered by a guarantee provided in accordance with the professional rules of his home State [F2or Switzerland, in the case of a Swiss lawyer within the meaning of regulation 7(2) of the Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019]; and
(b)the guarantee is equivalent in terms of the conditions and the extent of its cover to the Guarantee Fund,
then to the extent that there is such equivalence that lawyer shall be exempt from the requirements of paragraph (1).
(3)Where the equivalence under sub paragraph (2) is only partial, the Society may specify the guarantee obligations a registered European lawyer is required to meet to comply with paragraph (1).
(4)Subparagraphs (2), (6) and (8) of paragraph (1) shall not apply.
(5)For the purposes of this paragraph the words “home State" have the same meaning as provided for in regulation 2 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 [F3as that regulation has effect by virtue of regulation 6 or 7 of the Services of Lawyers and Lawyer's Practice (EU Exit) (Amendment etc.) (Scotland) Regulations 2019].]
Textual Amendments
F2Words in sch. 3 para. 1A(2)(a) inserted (31.12.2020) by The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/127), reg. 1(1), sch. para. 1(8)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in sch. 3 para. 1A(5) inserted (31.12.2020) by The Services of Lawyers and Lawyer's Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 (S.S.I. 2019/127), reg. 1(1), sch. para. 1(8)(b); 2020 c. 1, Sch. 5 para. 1(1)