The European Communities (Lawyer’s Practice) (Scotland) Amendment Regulations 2004
Citation, commencement and interpretation
1.
(1)
These Regulations may be cited as the European Communities (Lawyer’s Practice) (Scotland) Amendment Regulations 2004 and shall come into force on 16th September 2004.
(2)
Transitional provisions
2.
(1)
In this regulation “relevant lawyer” means a European lawyer, as defined by the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 as they are amended by these Regulations, who satisfies either or both of the conditions set out in paragraph (2) of this regulation.
(2)
Those conditions are that–
(a)
that person is a national of Switzerland, Iceland, Liechtenstein, Norway, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or
(b)
that person is authorised in any of those States to pursue professional activities under any of the professional titles appearing in regulation 2(4) as it is amended by these Regulations, opposite the name of that State.
(3)
Regulations 21 and 22 shall apply to a relevant lawyer only as from 16th March 2005.
(4)
Regulation 1(2) to (5) shall apply to a relevant lawyer with the following modifications:–
(a)
for “22nd May 2000”, where it occurs in paragraph (2), there shall be substituted “16th September 2004”;
(b)
for “21st November 2000”, wherever it occurs, there shall be substituted “15th March 2005”; and
(c)
for “22nd November 2000”, wherever it occurs, there shall be substituted “16th March 2005”.
Amendments to European Communities (Lawyer’s Practice) (Scotland) Regulations 2000
3.
“Switzerland
Avocat/Advokat/Rechtsanwalt/Anwalt/ Fürsprecher/Fürsprech/Avvocato
Iceland
Lögmaður
Liechtenstein
Rechtsanwalt
Norway
Advokat
Czech Republic
Advokát
Estonia
Vandeadvokaat
Cyprus
Δικηγóρος (Dikegoros)
Latvia
Zvērinãts advokãts
Lithuania
Advokatas
Hungary
Ügyvéd
Malta
Avukat/Prokuratur legali
Poland
Adwokat/Radca prawny
Slovenia
Odvetnik/Odvetnica
Slovakia
Advokát/Komerčný právnik”.
4.
In regulation 12 (property transactions), for “or Sweden” there shall be substituted “, Sweden, Cyprus, the Czech Republic, Hungary, Iceland, Liechtenstein, Norway or Slovakia”.
5.
In regulation 13 (executries), for “or Sweden” there shall be substituted “, Sweden, Cyprus, Iceland, Liechtenstein, Norway or Slovakia”.
St Andrew’s House, Edinburgh
These Regulations amend the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 (S.S.I. 2000/121) (“the 2000 Regulations”). The 2000 Regulations implemented Council Directive No. 98/5/EC, dated 16th February 1998, to facilitate practice of the profession of lawyer on a permanent basis in certain States other than the State in which the professional qualification was obtained (“the Directive”).
The amendments made by these Regulations are consequential on adaptations to the Directive resulting from:
the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999 (which was designated a Community Treaty by the European Communities (Definition of Treaties) (Agreement between the European Community and its Member States and the Swiss Federation on the Free Movement of Persons) Order 2000 (S.I. 2000/3269)) (O.J. No. L 114, 30.4.2002, p.45);
the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, by which Iceland, Liechtenstein and Norway joined the EEA (Annex VIIB provides for the mutual recognition of professional qualifications) (O.J. No. L 001, 3.1.1994, p.371); and
the Treaty concerning the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, and Slovakia to the European Union, signed at Athens on 16th April 2003 (O.J. No. L 236, 23.9.2003, p.179).
Those adaptations confer certain rights to practise on a permanent basis as a lawyer on nationals of the affected countries.
Regulation 3 extends the definition of “European lawyer” in the 2000 Regulations to refer to those countries, and the national designations of lawyers in those countries.
Regulation 2 makes transitional provision as to the application of the 2000 Regulations to lawyers from the countries added to the definition of “European lawyer”.
Regulation 12 of the 2000 Regulations is amended so that the prohibition on registered European lawyers conducting certain work related to property does not apply to lawyers from Cyprus, the Czech Republic, Hungary, Iceland, Liechtenstein, Norway and Slovakia (regulation 4).
Regulation 13 of the 2000 Regulations is amended so that the prohibition on registered European lawyers conducting certain work related to executries does not apply to lawyers from Cyprus, Iceland, Liechtenstein, Norway and Slovakia (regulation 5).