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The European Communities (Lawyer’s Practice) (Scotland) Regulations 2000

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1.—(1) These Regulations may be cited as the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and shall come into force on 22nd May 2000, except for regulations 21 and 22, which shall come into force on 22nd November 2000.

(2) Where, on 22nd May 2000, a European lawyer is practising professional activities under his home professional title on a permanent basis in Scotland or commences such practice by 21st November 2000, he shall apply to be registered in accordance with regulation 16 by 21st November 2000 where he intends to practise those activities on a permanent basis after that date.

(3) On or after 22nd November 2000, a European lawyer shall not practise as referred to in paragraph (2) without being registered in accordance with regulation 16, unless he was already practising before that date and has made an application for registration which has not been determined.

(4) In paragraphs (3) and (5), an application for registration shall, as at a particular date, be taken not to have been determined if as at that date the applicant–

(a)has not received a rejection of his application and the period for such a rejection or a deemed rejection has not yet expired; or

(b)is appealing against a rejection of the application (including a deemed rejection) and the appeal has not been determined.

(5) Regulations 21(1)(b) and 22 shall not apply to a European lawyer whilst that lawyer satisfies all the following conditions–

(a)immediately before 22nd November 2000 he was practising on a permanent basis in any part of the United Kingdom;

(b)before 22nd November 2000 he applied for registration to any of the barristers' professional bodies or England and Wales or Northern Ireland solicitors' professional bodies, or to the Faculty of Advocates or the Law Society of Scotland; and

(c)his application for registration has not yet been determined.

(6) These Regulations extend to Scotland and insofar as they extend beyond Scotland they do so only as a matter of Scots law.

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