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Statutory Instruments of the Scottish Parliament


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2004 No. 302

LEGAL PROFESSION

The European Communities (Lawyer's Practice) (Scotland) Amendment Regulations 2004

  Made 22nd June 2004 
  Laid before the Scottish Parliament 25th June 2004 
  Coming into force 16th September 2004 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

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) In these Regulations, any reference to a regulation by number alone means the regulation so numbered in the European Communities (Lawyer's Practice) (Scotland) Regulations 2000[
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-

    (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:-

Amendments to European Communities (Lawyer's Practice) (Scotland) Regulations 2000
    
3. In the table in regulation 2(4) (definition of European lawyer), after the entry relating to Sweden, there shall be inserted-

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/Komerný 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".


CATHY JAMIESON
A member of the Scottish Executive

St Andrew's House, Edinburgh
22nd June 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


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:

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).


Notes:

[1] 1972 c.68; section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred on a Minister of the Crown by section 2(2), in so far as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.S.I. 2000/121, amended by S.I. 2001/3649.back



ISBN 0 11069183 0


  © Crown copyright 2004

Prepared 2 July 2004


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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040302.html