The Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020

PART 2 Secondary legislation

Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979

15.  In Part IV of Schedule 1 to the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(1), in the definition of “European lawyer” after “2000” insert “, as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020”.

Solicitors (Disciplinary Proceedings) Rules 2007

16.  Rule 2 of the Solicitors (Disciplinary Proceedings) Rules 2007(2) is amended as follows.

(1) For paragraph (4) substitute—

“(4) References in these Rules to registered European lawyers are references to—

(a) those lawyers—

(i) whose names were entered in the register of registered European lawyers maintained by the Law Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as it had effect immediately before IP completion day, at a time before IP completion day, but

(ii) in relation to whom regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 does not apply;

(b) those lawyers whose names are entered in the register of registered European lawyers maintained by the Law Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020, and include, where appropriate, those who have ceased to be registered in that register or whose registration has been suspended.”.

Solicitors’ (Non-Contentious Business) Remuneration Order 2009

17.  In article 2 of the Solicitors’ (Non-Contentious Business) Remuneration Order 2009(3), in the definition of “registered European lawyer”, after “2000” insert “, as those Regulations have effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020,”.

Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011

18.  In the table in Schedule 2 to the Legal Services Act 2007 (Designation as a Licensing Authority) (No. 2) Order 2011(4), in the entry relating to the European Communities (Services of Lawyers) Order 1978, in the first column, after “(S.I. 1978/1910)” insert “as that Order has effect by virtue of regulation 5 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulation 2020”.

Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019

19.  For regulation 6 of the Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019(5) substitute—

“6.   In article 7 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001(6)—

(a) in paragraph (2)—

(i) at the end of sub-paragraph (c), insert “or”,

(ii) in sub-paragraph (d) for “registered European lawyer” substitute “a Swiss lawyer who is a registered European lawyer”, and

(iii) omit sub-paragraph (e) and the “or” which precedes it;

(b) in paragraph (3)—

(i) at the end of sub-paragraph (c), omit “and”,

(ii) at the end of sub-paragraph (d), insert “and”, and

(iii) after sub-paragraph (d), insert—

“(e) “Swiss lawyer” means a national of the United Kingdom or a Swiss national who—

(i) immediately before IP completion day was authorised in Switzerland to pursue professional activities under the professional title of Avocat, Advokat, Rechtsanwalt, Anwalt, Fürsprecher, Fürsprech or Avvocato, or

(ii) had started training towards but not yet obtained their professional qualifications before IP completion day in order to be authorised in Switzerland to pursue professional activities under one of the professional titles referred to in paragraph (i) but who completed their qualifications and were so authorised before the end of the period of four years beginning with IP completion day.””.

Solicitors (Disciplinary Proceedings) Rules 2019

20.—(1) Rule 3 of the Solicitors (Disciplinary Proceedings) Rules 2019(7) is amended as follows.

(2) For paragraph (4) substitute—

“(4) Subject to paragraph (5), references in these Rules to registered European lawyers are references to—

(a) those lawyers—

(i) whose names were entered in the register of registered European lawyers maintained by the Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as it had effect immediately before IP completion day, at a time before IP completion day, but

(ii) in relation to whom regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 does not apply;

(b) those lawyers whose names are entered in the register of registered European lawyers maintained by the Society under regulation 15 of the European Communities (Lawyer’s Practice) Regulations 2000, as that regulation has effect by virtue of regulation 6 of the Services of Lawyers and Lawyer’s Practice (Revocation etc.) (EU Exit) Regulations 2020 and includes, where appropriate, those who have ceased to be registered in that register or whose registration has been suspended.”.

(1)

S.I. 1979/195 amended by S.I. 2003/355. There are other amendments but none is relevant.

(2)

S.I. 2007/3588; the 2007 Rules were revoked on 25 November 2019 by rule 50 of the Solicitors (Disciplinary Proceedings) Rules 2019 (2019/1185). Rule 51 of the 2019 Rules saves the 2007 Rules for proceedings in respect of which an application was made before the 2019 Rules came into force. There are amendments not relevant to these Regulations.

(3)

S.I. 2009/1931, amended by S.I. 2010/2262 and 2012/171.

(4)

S.I. 2011/2866, to which there are amendments not relevant to these Regulations.

(5)

S.I. 2019/710.

(6)

S.I. 2001/544.

(7)

S.I. 2019/1185; there are amendments to rule 3(4) made by rule 4 of S.I. 2020/462.