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2004 No. 1117

LEGAL PROFESSION, ENGLAND AND WALES AND NORTHERN IRELAND

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

  Made 14th April 2004 
  Laid before 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 upon Her by section 2(2) of the European Communities Act 1972[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the European Communities (Services of Lawyers) (Amendment) Order 2004 and shall come into force on 17th May 2004.

    (2) In this Order "the Order" means the European Communities (Services of Lawyers) Order 1978[2] and any reference to an article by number alone, or to the Schedule, shall mean the article so numbered in, or the Schedule to, the Order.

Amendments to European Communities (Services of Lawyers) Order 1978
     2. For "an EEC lawyer", wherever it occurs in the Order, substitute "a European lawyer", for "EEC lawyers" where it occurs in article 11, substitute "European lawyers" and for "the EEC lawyer's" where it occurs in article 16(1)(a), substitute "the European lawyer's".

     3. In article 2 - 


     4. In article 11 - 

     5.  - (1) In Part 1 of the Schedule - 

    (2) In Part 2 of the Schedule - 

    (3) In Part 3 of the Schedule, in the entry relating to the Solicitors Act 1974, for "sections 25(1), 39(1) substitute "section 25(1)".


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 changes to the effect of the Directive resulting from - 

Those changes 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 substituted with 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 3). Articles 2 and 4 make further consequential changes.

References to enactments in the Schedule to the 1978 Order are updated (article 5).

Notes:

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

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

[3] Under section 134 of the Financial Services and Markets Act 2000 the Lord Chancellor may by regulations establish a scheme governing the provision of legal assistance in connection with proceedings before the Financial Services and Markets Tribunal.back


ISBN 0 11 049182 3


  © Crown copyright 2004

Prepared 26 April 2004

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URL: https://www.bailii.org/uk/legis/num_reg/2004/20041117.html