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

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Transitional provision: applications by Swiss lawyers for entry into profession of solicitor or barrister

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10.—(1) This regulation applies to a Swiss lawyer to whom regulation 6 applies.

(2) Where this regulation applies, regulation 5 and Part 5 of the 2000 Regulations continue to have effect in relation to a Swiss lawyer referred to in paragraph (1) as if not revoked by regulation 3, but subject to paragraph (3) and the modifications specified in paragraph (4).

(3) Any application made under regulation 29 of the 2000 Regulations (as it has effect by virtue of this regulation) for an exemption from a requirement to pass an aptitude test must be made before the end of the period of four years beginning with IP completion day.

(4) The modifications to the 2000 Regulations referred to in paragraph (2) are—

(a)regulation 5 is modified so that it has effect as if for paragraph (1) there were substituted—

“(1) In order to facilitate compliance with Article 33 of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with an authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland and may supply to or receive from any such authority, information relating to a European lawyer or to any person with whom that European lawyer jointly practises;”;

(b)regulation 29 is modified so as to have effect as if—

(i)in paragraph (1), “under regulation 34(a) of the Qualification Regulations” were omitted, and

(ii)in paragraphs (2)(b) and (3)(b) and (c), for “home professional title” there were substituted “Swiss professional title”; and

(c)regulation 36 is modified so as to have effect as if—

(i)in paragraph (2)—

(aa)for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”; and

(bb)for “his home State”, in both places where it occurs, there were substituted “Switzerland”, and

(ii)in paragraph (3) for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”.

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