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

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Legal Services Act 2007

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13.—(1) The Legal Services Act 2007(1) is amended as follows.

(2) In section 111 (interpretation of Part 5)—

(a)for subsection (2)(c) substitute—

(c)an advocate or solicitor in Scotland,

(ca)a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland,;

(b)in subsection (2)(d) for “paragraphs (a) to (c)”, in both places where it occurs, substitute “paragraphs (a) to (ca)”; and

(c)omit subsection (3).

(3) Until sub-paragraph (2) comes into force, section 111(2) has effect as if—

(a)after paragraph (c) there were inserted—

(ca)an advocate or solicitor in Scotland;

(cb)a member of the Bar of Northern Ireland or a solicitor of the Court of Judicature of Northern Ireland;;

(b)in paragraph (d) for “paragraphs (a) to (c)” in both places where it occurs, there were substituted “paragraphs (a) to (cb)”.

(4) In section 190 (legal professional privilege) in subsection (5)—

(a)after paragraph (g), insert “or”; and

(b)omit paragraph (i) and the “or” preceding it.

(5) Until sub-paragraph (4) comes into force, section 190(5) has effect as if for paragraph (i) there were substituted—

(i)a European lawyer not within paragraph (h) who is registered with a professional body under—

(i)regulation 17 of the European Communities (Lawyer’s Practice) Regulations 2000 as it has effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019; or

(ii)regulation 17 of the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000, as it has effect on and after exit day..

(6) In Schedule 3 (European lawyers), omit paragraph 7.

(7) In Part 2 of Schedule 5 (rights of authorised persons during transitional period)—

(a)omit paragraph 5;

(b)until paragraph (a) of this sub-paragraph comes into force, paragraph 5 has effect as if in sub-paragraph (3), in the definition of “European regulations”, after “(S.I. 2000/1119)” there were inserted “, as they have effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019”;

(c)in paragraph 7(4)—

(i)in the definition of “legal partnership”, omit “a registered European lawyer”; and

(ii)omit the definition of “registered European lawyer”;

(d)until paragraph (c) of this sub-paragraph comes into force, paragraph 7(4) has effect as if, in the definition of “registered European lawyer”, after “(S.I. 2000/1119)” there were inserted “, as they have effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019,”;

(e)omit paragraph 8;

(f)until paragraph (e) of this sub-paragraph comes into force, paragraph 8 has effect as if, in the definition of “registered European lawyer”, at the end there were inserted “, as they have effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019”.

(8) In Part 3 of Schedule 18 (immigration advice and immigration services: transitional provisions)—

(a)omit paragraph 20;

(b)until paragraph (a) of this sub-paragraph comes into force, paragraph 20 has effect as if in sub-paragraph (3), in the definition of “European regulations”, after “(S.I. 2000/1119)” there were inserted “, as they have effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019”;

(c)omit paragraph 22;

(d)until paragraph (c) of this sub-paragraph comes into force, paragraph 22 has effect as if in sub-paragraph (3), in the definition of “European regulations”, after “(S.I. 2000/1119)” there were inserted “, as they have effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019”.

(9) In Schedule 22 (transitional and transitory provision)—

(a)omit paragraph 15(1)(d);

(b)until paragraph (a) of this sub-paragraph comes into force, paragraph 15(1)(d) has effect as if, after “(S.I. 2000/1119)” there were inserted “, as they have effect on and after exit day by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2019”.

(1)

2007 c. 29. There are amending instruments not relevant to these Regulations.

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