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The European Communities (Lawyer’s Practice) Regulations 2000
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- UK Statutory Instruments
- 2000 No. 1119
- PART 1
- Regulation 2
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This version of this provision is prospective.
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Changes and effects yet to be applied to Regulation 2:
- Regulations revoked by S.I. 2019/375 reg. 3(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/375 revoked (24.11.2020) before it comes into force by S.I. 2020/1342, regs. 1(2), 3(c))
- Regulations revoked by S.I. 2020/1342 reg. 3(b)
- reg 2 defn(s) added by S.I. 2001/644 reg 2(1)
- reg 2 defn(s) am by S.I. 2004/1628 regs 2 3
- reg 2 am by S.I. 2008/81 reg 3
- reg. 2 coming into force by S.I. 2000/1119 reg. 1(1)
- reg. 2(1) words added by S.I. 2009/1587 art. 2(2)(a)
- reg. 2(1) words inserted by S.I. 2015/401 Sch. 2 para. 2
- reg. 2(1) words substituted by S.I. 2009/1587 art. 2(2)(b)
- reg. 2(1) words substituted by S.I. 2015/2059 reg. 73(2)
- reg. 2(4) Table entry inserted by S.I. 2013/1605 reg. 3
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- Sch. 4 para. 1(2A) inserted by S.I. 2009/1587 art. 3(3)
- Sch. 4 para. 7(1A) inserted by S.I. 2009/1587 art. 3(7)(b)
- Sch. 4 para. 7(2A) inserted by S.I. 2009/1587 art. 3(7)(d)
- Sch. 4 para. 8(1A) inserted by S.I. 2009/1587 art. 3(8)(b)
- Sch. 4 para. 7(1A)(b) omitted by S.I. 2015/401 Sch. 2 para. 3(b)(ii)
- Sch. 4 para. 24(2) substituted by S.I. 2015/401 Sch. 2 para. 3(c)(ii)
- Sch. 4 para. 9(aa)-(ac) substituted for Sch. 4 para. 9(a) by S.I. 2009/1587 art. 3(9)(a)
- Sch. 4 para. 24(1) words inserted by S.I. 2015/401 Sch. 2 para. 3(c)(i)(aa)
- Sch. 4 para. 24(1) words substituted by S.I. 2015/401 Sch. 2 para. 3(c)(i)(bb)
- reg. 11(4) inserted by S.I. 2009/1587 art. 2(3)
Prospective
InterpretationU.K.
2.—(1) In these Regulations, unless the context otherwise requires—
“appeal body” means the body or person specified in relation to that profession in Schedule 1;
“barrister” means, in relation to England and Wales or Northern Ireland, a person who is a barrister of England and Wales or Northern Ireland, as the case may be;
“barristers' professional bodies” means the Inns of Court and the General Council of the Bar of England and Wales and the Executive Council of the Inn of Court of Northern Ireland;
“competent authority”, in relation to England and Wales and Northern Ireland, means any of the bodies designated as competent authorities by regulation 4 to undertake the activities required by the Directive set out in that regulation;
“the Directive” means the European Communities Parliament and Council Directive No. 98/5/EC 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;
“European lawyer” has the meaning given in paragraphs (2) and (3);
“home State” means the State in paragraph (4) in which a European lawyer acquired his authorisation to pursue professional activities and, if he is authorised in more than one of those States, it shall mean any of those States;
“home professional title” means, in relation to a European lawyer, the professional title or any of the professional titles specified in relation to his home State in paragraph (4) under which he is authorised in his home State to pursue professional activities;
“Irish barrister” means a European lawyer who is authorised in the Republic of Ireland to pursue professional activities under the professional title of barrister and whose home State is the Republic of Ireland;
“Irish solicitor” means a European lawyer who is authorised in the Republic of Ireland to pursue professional activities under the professional title of solicitor and whose home State is the Republic of Ireland;
“member of the professional body” means a practising solicitor or barrister, as the case may be;
“Qualification Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 1991(1)
“registered European lawyer” means a European lawyer who is registered with a professional body in accordance with regulation 17 and whose registration has not been withdrawn or suspended;
“professional body” means, subject to regulation 16, any of the solicitors' professional bodies or the barristers' professional bodies;
“solicitor” means, in relation to England and Wales or Northern Ireland, a person who is a solicitor of England and Wales or Northern Ireland, as the case may be;
“solicitors' professional bodies” means the Law Society and the Law Society of Northern Ireland;
(2) In these Regulations, “European lawyer” means a person who is—
(a)a national of the United Kingdom or of a State listed in paragraph (4);
(b)authorised in any of the States listed in paragraph (4) to pursue professional activities under any of the professional titles appearing in that paragraph; and
(c)subject to paragraph (3), not a solicitor or barrister or, under the law of Scotland, a solicitor or advocate.
(3) Where a person is a European lawyer registered with more than one of the following—
(a)the solicitors' professional bodies or the barristers' professional bodies, or
(b)the Law Society of Scotland or the Faculty of Advocates,
and subsequently acquires the title used by members of one of those bodies, then notwithstanding paragraph (2)(c), that person shall continue to fall within the definition of a European lawyer in relation to that other professional body for the period that he remains registered with that other professional body.
(4) The States and professional titles referred to in the definition of European lawyer in paragraph (2) are as follows—
| State | Professional title(s) |
|---|---|
| Belgium | Avocat/Advocaat/Rechtsanwalt |
| Denmark | Advokat |
| Germany | Rechtsanwalt |
| Greece | Dikegoros |
| Spain | Abogado/Advocat/Avogado/Abokatu |
| France | Avocat |
| Republic of Ireland | Barrister/Solicitor |
| Italy | Avvocato |
| Luxembourg | Avocat |
| Netherlands | Advocaat |
| Austria | Rechtsanwalt |
| Portugal | Advogado |
| Finland | Asianajaja/Advokat |
| Sweden | Advokat |
(5) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to a regulation or Part of, or a Schedule to, these Regulations.
Commencement Information
I1Reg. 2 in force at 22.5.2000, see reg. 1(1)
(1)
S.I. 1991/824.
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