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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040186.html

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SCOTTISH STATUTORY INSTRUMENTS

2004 No. 186

LEGAL PROFESSION

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

  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 1972[1] 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:

Citation, commencement and extent
     1.  - (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.

Amendments to the European Communities (Services of Lawyers) Order 1978
     2. The European Communities (Services of Lawyers) Order 1978[2] is amended in accordance with the following articles.

     3. 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.

     4. In article 2[3]-


     5. In article 11-

     6. In article 18-

     7. In the Schedule-


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-

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).

Notes:

 [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3).back

[2] S.I. 1978/1910, amended by S.I. 1980/1964 and 1981/228.back

[3] Article 2 was amended by S.I. 1980/1964, which inserted a reference to the Hellenic Republic.back

[4] 1980 (c.46).back

[5] Section 33 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73) ("the 1985 Act"), Schedule 1, Part I, paragraph 10, the Solicitors (Scotland) Act 1988 (c.42) ("the 1988 Act"), Schedule 1, paragraph 8 and Schedule 2, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) ("the 1990 Act"), Schedule 8, paragraph 29(7) and the European Communities (Lawyer's Practice) (Scotland) Regulations 2000 (S.S.I. 2000/121) ("the 2000 Regulations"), Schedule 1, paragraph 1(10).back

[6] Section 32 was amended by the 1985 Act, Schedule 1, Part I, paragraph 9, the 1988 Act, Schedule 1, paragraph 7, the 1990 Act, Schedule 8, paragraph 29(6) and the 2000 Regulations, Schedule 1, paragraph 1(9).back

[7] Section 26 was amended by the 1985 Act, Schedule 1, Part I, paragraph 4, the 1990 Act, Schedule 8, paragraph 29(5)(c) and the 2000 Regulations, Schedule 1, paragraph 1(6).back


ISBN 0 11069095 8


 
© Crown copyright 2004
Prepared 21 April 2004

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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040186.html