Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024

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Amendment of section 62 of Act of 2015

12. Section 62 of the Act of 2015 is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) The experience referred to in subsection (1) is—

(a) in the case of a member referred to in paragraph (a) or (b) of that subsection, not less than 5 years’ experience as a practising solicitor, practising barrister or member referred to in paragraph (c) of that subsection, and

(b) in the case of a member referred to in paragraph (c) of that subsection, not less than 2 years’ experience—

(i) as a practising solicitor or practising barrister,

(ii) pursuing his or her professional activities as a lawyer in a member state under the relevant home professional title,

(iii) practising, in a jurisdiction other than a member state and in accordance with the law of that jurisdiction, in a profession that corresponds substantially to the profession of solicitor or barrister, or

(iv) as a legal academic, where the person is, at the time of his or her appointment, a solicitor or qualified barrister.”,

and

(b) by the insertion of the following subsection after subsection (15):

“(16) In subsection (2)—

‘home professional title’, ‘lawyer’, ‘member state’ and ‘professional activities’ have the same meanings as they have in the European Communities (Lawyers’ Establishment) Regulations 2003 ( S.I. No. 732 of 2003 );

‘legal academic’ shall be construed in accordance with section 45A(2) (inserted by section 63 of the Judicial Appointments Commission Act 2023 ) of the Courts (Supplemental Provisions) Act 1961 ;

‘practising solicitor’, ‘practising barrister’ and ‘qualified barrister’ have the same meanings as they have in the Legal Services Regulation Act 2015 ;

‘solicitor’ means a person who has been admitted as a solicitor whose name is on the roll of solicitors (within the meaning of section 9 of the Solicitors Act 1954 ).”.