Regulation 9 Transitional provision: applications for entry into profession of solicitor or barrister

(1)

Except where regulation 10 applies, this regulation applies where an application under regulation 29 of the 2000 Regulations (as that regulation had effect immediately before IP completion day) for an exemption from a requirement to pass an aptitude test is made before IP completion day and—

(a)

that application has not been determined before IP completion day;

(b)

any appeal against the determination of that application has not been finally determined or withdrawn before IP completion day; or

(c)

the time limit for bringing an appeal against the determination of that application has not expired.

(2)

Where this regulation applies, the provisions of the 2000 Regulations mentioned in paragraph (3) continue to have effect as if they had not been revoked by regulation 3, but subject to any modifications specified in paragraphs (3) and (4), until the application and, if applicable, any appeal have been finally determined or withdrawn.

(3)

The provisions referred to in paragraph (2) are—

(a)

regulation 2;

(b)

regulation 4(b) and Schedule 2;

(c)

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

“(1)
In order to facilitate compliance with Article 29 of the withdrawal agreement and Article 28 of the EEA EFTA separation agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with any authority in any of the States listed in regulation 2(4) which has been designated under the Directive by that State as a competent authority in that State and may supply to or receive from such authority, any information relating to a European lawyer or to any person with whom that European lawyer jointly practises.”;

(d)

regulation 30, modified so that it has effect as if paragraph (2) were omitted;

(e)

regulation 31;

(f)

regulation 32, modified so that it has effect as if in paragraph (2) the reference to “the period he has been registered” were a reference to “the period the European lawyer was registered”;

(g)

regulation 33;

(h)

regulation 34;

(i)

regulation 35;

(j)

regulation 36, modified so that it has effect as if paragraphs (4) and (5) were omitted;

(k)

regulation 37(3) and (4);

(l)

Schedule 1;

(m)

paragraph 1(1) of Schedule 4;

(n)

paragraph 1(2) of Schedule 5 as it applies to article 6 of the Solicitors (Northern Ireland) Order 1976^f1.

(4)

Any reference to “registered European lawyer” in the provisions referred to in paragraph (3) has effect as if it were a reference to an individual who was formerly a registered European lawyer.

Annotations

Footnotes

f1: S.I. 1976/582 (N.I. 12), amended by S.I. 1989/1343 (N.I. 14).