The European Communities (Lawyer’s Practice) (Amendment) Regulations 2001

Statutory Instruments

2001 No. 644

LEGAL PROFESSION, ENGLAND AND WALES

LEGAL PROFESSION, NORTHERN IRELAND

The European Communities (Lawyer’s Practice) (Amendment) Regulations 2001

Made

1st March 2001

Laid before Parliament

2nd March 2001

Coming into force

6th April 2001

The Lord Chancellor, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to matters relating to the practice of the profession of lawyer, in exercise of the powers conferred upon him by that section, makes the following Regulations:

1.  These Regulations may be cited as the European Communities (Lawyer’s Practice) (Amendment) Regulations 2001 and shall come into force on 6th April 2001.

2.—(1) In regulation 2(1) of the European Communities (Lawyer’s Practice) Regulations 2000(3), after the definition of “Irish solicitor” there shall be inserted the following definitions—

• ““limited liability partnership” has the meaning given by section 1(2) of the Limited Liability Partnerships Act 2000(4);

• “member of a limited liability partnership” shall be construed in accordance with section 4 of the Limited Liability Partnerships Act 2000;”.

(2) In paragraph 24 of Schedule 4 to the European Communities (Lawyer’s Practice) Regulations 2000 for the words “paragraph 21(b) shall apply to a director” there shall be substituted the words “paragraph 21(1)(b) shall apply to a director or to a member of a limited liability partnership”.

Irvine of Lairg, C.

1st March 2001

Explanatory Note

(This note is not part of the Regulations)

The European Communities (Lawyer’s Practice) Regulations 2000 (S.I. 2000/1119), which were made under section 2(2) of the European Communities Act 1972 (c. 68), give effect to European Communities Council Directive No. 98/5/EC of 16 February 1998. The purpose of the Directive is to facilitate the practice of the profession of lawyer on a permanent basis in a Member State of the European Community other than the State in which the qualification was obtained.

These amending Regulations are in consequence of the Limited Liability Partnerships Act 2000 (c. 12). They allow paragraph 21(1)(b) of Schedule 2 to the Administration of Justice Act 1985 (c. 61) (Revocation of recognition by reason of default by director) to apply to members of limited liability partnerships who are registered European lawyers.

(1)

S.I. 2000/738.

(2)

1972 c. 68.

(3)

S.I. 2000/1119.

(4)

2000 c. 12.