S.I. No. 752/2004 - European Communities (Lawyers' Establishment) (Amendment) Regulations 2004

STATUTORY INSTRUMENTS.

S.I. No. 752 of 2004 .

EUROPEAN COMMUNITIES (LAWYERS' ESTABLISHMENT) (AMENDMENT) REGULATIONS 2004.

S.I. No. 752 of 2004 .

EUROPEAN COMMUNITIES (LAWYERS’ ESTABLISHMENT) (AMENDMENT) REGULATIONS 2004.

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), make the following regulations for the purpose of giving effect to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded¹ as respects the amendment of Directive No. 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained² :

1. (1) These Regulations may be cited as the European Communities (Lawyers’ Establishment) (Amendment) Regulations 2004.

(2) The European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ) (the “2003 Regulations”) and these Regulations may be cited together as the European Communities (Lawyers’ Establishment) Regulations 2003 and 2004.

2. The 2003 Regulations are amended—

(a)  in Regulation 2(1), by substituting the following definition for the definition of “Directive”:

“ ‘Directive’ means any measure adopted pursuant to the Treaty establishing the European Community to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained and includes—

(a)  Directive No. 98/5/EC of the European Parliament and of the Council,

(b)  a measure which is in force by virtue of the entry into force of the Swiss Confederation Agreement, and

(c)  the Decision of the EEA Joint Committee No. 85/2002 of 25 June 2002 amending Annex VII (Mutual Recognition of Professional Qualifications) to the EEA Agreement;”, and

(b)  by adding the following to the legal professional titles in member states set out in the Schedule:

3. The Solicitors (Amendment) Act 2002 is amended—

(a)  in the definition of “Lawyers’ Establishment Directive” in subsection (2) of section 1A (inserted by Regulation 3 of the 2003 Regulations), by inserting “, and any amendment or adaptation of that Directive,” after “1998”, and

(b)  in the definition of “Directive” in section 20(1), by inserting “, and any amendment or adaptation of that Directive,” after “1998”.

4. Regulation 10(4) of the 2003 Regulations is amended by the deletion of “( S.I. No. 732 of 2003 )” and the insertion of “and 2004”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, these Regulations extend the European Communities (Lawyers’ Establishment) Regulations, 2003 to lawyers from those Member States. The latter Regulations brought into force in Ireland the measures necessary to comply with Directive No. 98/5/EC to facilitate practice of the profession of a lawyer on a permanent basis in a Member State, other than that in which the qualification was obtained.

¹OJ.No.L236, 23. 9. 03

²OJ.No.L77, 14.3.98