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The European Communities (Services of Lawyers) Amendment (Scotland) Order 2004

S.S.I. 2004/186 · Made 14 April 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LEGAL PROFESSION

Made 14th April 2004

Laid before the Scottish Parliament 26th April 2004

Coming into force 17th May 2004

At the Court at Windsor Castle, the 14th day of April 2004

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972f1 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3).

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments to the European Communities (Services of Lawyers) Order 1978
  3. 3Amendments to the European Communities (Services of Lawyers) Order 1978
  4. 4Amendments to the European Communities (Services of Lawyers) Order 1978
  5. 5Amendments to the European Communities (Services of Lawyers) Order 1978
  6. 6Amendments to the European Communities (Services of Lawyers) Order 1978
  7. 7Amendments to the European Communities (Services of Lawyers) Order 1978
  8. Signature
  9. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the European Communities (Services of Lawyers) Amendment (Scotland) Order 2004 and shall come into force on 17th May 2004.

(2)

This Order extends to Scotland and insofar as it extends beyond Scotland it does so only as a matter of Scots law.

2Amendments to the European Communities (Services of Lawyers) Order 1978

The European Communities (Services of Lawyers) Order 1978f1 is amended in accordance with the following articles.

3Amendments to the European Communities (Services of Lawyers) Order 1978

For “an EEC lawyer” wherever it occurs, and “the EEC lawyer's” where it occurs in article 16(1)(a), substitute “a European lawyer” and “the European lawyer's” respectively.

4Amendments to the European Communities (Services of Lawyers) Order 1978

In article 2f1–

(a)

after the definitions of “advocate”, “barrister” and “solicitor” insert–

  • ““country of origin”, in relation to a European lawyer, means the country or countries in which he is established”;

(b)

for the definition of “EEC lawyer” substitute–

  • ““European lawyer” means a person entitled to pursue his professional activities in a state in column 1 using the designation referred to in column 2–

    StateDesignation(s)
    AustriaRechtsanwalt
    BelgiumAvocat/Advocaat
    CyprusΔικηγóρος
    Czech RepublicAdvokát
    DenmarkAdvokat
    EstoniaVandeadvokaat
    FinlandAsianajaja/Advokat
    FranceAvocat
    GermanyRechtsanwalt
    Hellenic RepublicDikegoros
    HungaryÜgyvéd
    IcelandLögmaður
    Republic of IrelandBarrister/solicitor
    ItalyAvvocato
    LatviaZvẽrinãts advokãts
    LiechtensteinRechtsanwalt
    LithuaniaAdvokatas
    LuxembourgAvocat
    MaltaAvukat/Prokuratur Legali
    NetherlandsAdvocaat
    NorwayAdvokat
    PolandAdwokat/Radca prawny
    PortugalAdvogado
    SlovakiaAdvokát/Komerčný právnik
    SloveniaOdvetnik/Odvetnica
    SpainAbogado/Advocat/Avogado/Abokatu
    SwedenAdvokat
    SwitzerlandAvocat/Advokat/Rechtsanwalt/Anwalt/Fürsprecher/Fürsprech/Avvocato

”

  • and

    1. (c)

      omit the definition of “member State of origin”.

5Amendments to the European Communities (Services of Lawyers) Order 1978

In article 11–

(a)

omit “member”; and

(b)

for “State” in each place where it appears, substitute “country”.

6Amendments to the European Communities (Services of Lawyers) Order 1978

In article 18–

(a)

in paragraph (2), for “the Solicitors (Scotland) Act, 1933” substitute “the Solicitors (Scotland) Act 1980”f1; and

(b)

in paragraph (3), for “section 42 of the Solicitors (Scotland) Act 1933” substitute “section 33 of the Solicitors (Scotland) Act 1980”f2.

7Amendments to the European Communities (Services of Lawyers) Order 1978

In the Schedule–

(a)

in Part 1, for “Legal Aid (Scotland) Act 1967 (c. 43)” substitute “Legal Aid (Scotland) Act 1986 (c. 47)”;

(b)

in Part 2, for “Solicitors (Scotland) Act 1933 (c. 21), section 39” substitute “Solicitors (Scotland) Act 1980 (c. 46), section 32”f1; and

(c)

in Part 3, for “Solicitors (Scotland) Act 1933 (c. 21), sections 37, 38” substitute “Solicitors (Scotland) Act 1980 (c. 46), section 26”f2.

Signature

A. K. Galloway

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order amends the European Communities (Services of Lawyers) Order 1978 (S.I. 1978/1910) (“the 1978 Order”). The 1978 Order implemented Council Directive No. 77/249/EEC, dated 22nd March 1977, to facilitate the effective exercise by lawyers of the freedom to provide services (“the Directive”).

The amendments made by this Order are mainly consequential on adaptations to the Directive resulting from–

(a)

the Treaty concerning the accession of Spain and Portugal to the European Community signed at Madrid and Lisbon on 12th June 1985 (O.J. No. L 302, 15.11.1985, p.160);

(b)

the Treaty concerning the accession of Austria, Finland and Sweden to the European Community signed at Corfu on 24th June 1994 (O.J. No. C 241, 29.8.1994, p.21);

(c)

the Agreement between the European Community and its Member States and the Swiss Confederation, on the free movement of persons, signed at Brussels on 21st June 1999 (which is designated a Community Treaty by the European Communities (Definition of Treaties) (Agreement between the European Community and its Member States and the Swiss Confederation on the Free Movement of Persons) Order 2000 (S.I. 2000/3269)) (O.J. No. L 114, 30.4.2002, p.45);

(d)

the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, by which Iceland, Liechtenstein and Norway joined the EEA (Annex VIIB provides for the mutual recognition of professional qualifications) (O.J. No. L 001, 3.1.1994, p.371); and

(e)

the Treaty concerning the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union, signed at Athens on 16th April 2003 (O.J. No. L 236, 23.9.2003, p.179).

Those adaptations confer certain rights to practise on a permanent basis as a lawyer on nationals of, and lawyers professionally qualified in, the affected countries.

Article 2 of the 1978 Order is amended so that the definition of “EEC lawyer” is replaced by a definition of “European Lawyer” which refers to EU Member States, EEA countries and Switzerland, and the national designations of lawyers in those countries (article 4). Further consequential changes are made by articles 3 and 5.

References to Scottish enactments in the 1978 Order are updated (articles 6 and 7).