1 Citation, commencement and extent

(1)    These Regulations may be cited as the European Communities (Lawyer's Practice and Services of Lawyers) (Amendment) Regulations 2008 and come into force on 11th February 2008.

(2)    These Regulations extend to England and Wales and Northern Ireland.

NOTES
Initial Commencement
Specified date

Specified date: 11 February 2008: see para (1) above.

Extent

These Regulations do not extend to Scotland: see para (2) above.

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

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

In article 2 of the European Communities (Services of Lawyers) Order 1978, in the table—

(a)    after the entry for Belgium insert—

“Bulgaria(It has not been possible to reproduce the text of this designation. Please see the original.)”; and

(b)    after the entry for Portugal insert—

“RomaniaAvocat”.
NOTES
Initial Commencement
Specified date

Specified date: 11 February 2008: see reg 1(1).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

3 Amendments to the European Communities (Lawyer's Practice) Regulations 2000

3Amendments to the European Communities (Lawyer's Practice) Regulations 2000

In regulation 2(4) of the European Communities (Lawyer's Practice) Regulations 2000, in the table, after the entry relating to Slovakia insert—

“Bulgaria(It has not been possible to reproduce the text of this designation. Please see the original.)”; and
“RomaniaAvocat”.
NOTES
Initial Commencement
Specified date

Specified date: 11 February 2008: see reg 1(1).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

4 Transitional Provision

4Transitional Provision

(1)    In this regulation—

(a)    “the 2000 Regulations” means the European Communities (Lawyer's Practice) Regulations 2000; and

(b)    “relevant lawyer” means a European lawyer (as defined in the 2000 Regulations as amended by these Regulations) who satisfies either or both of the conditions set out in paragraph (2).

(2)    Those conditions are—

(a)    that the person is a national of either Bulgaria or Romania;

(b)    that the person is authorised in either of those States to pursue professional activities under any of the professional titles appearing in regulation 2(4) of the 2000 Regulations as it is amended by these Regulations, opposite the name of that State.

(3)    Regulation 1(2) to (5) of the 2000 Regulations shall apply to a relevant lawyer with the following modifications—

(a)    for “22nd May 2000”, where it occurs in paragraph (2), substitute “11th February 2008”;

(b)    for “21st November 2000”, wherever it occurs, substitute “10th August 2008”; and

(c)    for “22nd November 2000”, wherever it occurs, substitute “11th August 2008”.

(4)    Regulation 21(1)(b) and (2) and regulation 22 of the 2000 Regulations shall apply to a relevant lawyer only from 11th August 2008.

NOTES
Initial Commencement
Specified date

Specified date: 11 February 2008: see reg 1(1).

Extent

These Regulations do not extend to Scotland: see reg 1(2).

Signature

Signed by the authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

15th January 2008

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the regulations)

The amendments made in these Regulations are made in consequence of the Treaty concerning the accession of Bulgaria and Romania to the European Union, signed at Luxembourg on 25th April 2005 (OJ No L 157, 21.6.2005, p 11). These Regulations implement the adaptations to Article 1(2) of the Council Directive No 77/249/EEC and Article 1(2)(a) of Council Directive No 98/5/EC made by Council Directive 2006/100/EC (OJ No L 363, 20.12.2006, p 141).

Regulation 2 extends the definition of “European Lawyer” in the European Communities (Services of Lawyers) Order 1978 (SI 1978/1910) (“the 1978 Order”) to refer to Bulgaria and Romania and the national designations of lawyers in those countries. This confers certain rights to practise as a lawyer on lawyers who are nationals of, and lawyers professionally qualified in, either Bulgaria or Romania. 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.

Regulation 3 extends the definition of “European lawyer” in the European Communities (Lawyer's Practice) Regulations 2000 (SI 2000/1119) (the “2000 Regulations) to refer to Bulgaria and Romania and the national designations of lawyers in those countries. This confers certain rights to practise on a permanent basis as a lawyer on those lawyers authorised to practice in Bulgaria or Romania, and lawyers who are nationals of either of those countries. The 2000 Regulations implemented Council Directive No 98/5/EC, dated 16th February 1998 to facilitate the practice of the profession of a lawyer on a permanent basis in certain Member States other than the State in which the professional qualification was obtained.

Regulations 4 makes transitional provision as to the application of the 2000 Regulations to lawyers authorised to practice in, and who are nationals of, either Bulgaria or Romania.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Trade & Freedom to Trade94 Competition Law94 Commercial Law94 EU Internal Market, Economy & Trade93 EU Right of Establishment & Freedom to Provide Services93 European Union Law93 Freedom to Provide & Receive Services94