European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979

• Jurisdiction: Ireland
• Citation: IR SI 58/1979
• Year: 1979

S.I. No. 58 of 1979.

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) REGULATIONS, 1979.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 77/249/EEC of 22 March 1977,1 hereby make the following Regulations: 1. (1) These Regulations may be cited as the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979.

(2) These Regulations shall come into operation on the 1st day of March, 1979. 2. (1) In these Regulations, except where the context otherwise requires—

"the Council Directive" means Council Directive No. 77/249/EEC of 22 March 1977;

"lawyer established in the State" means a barrister or a solicitor established in the State and lawfully engaged in the practice of his profession;

"Member State" means a Member State of the European Communities;

"visiting lawyer" means any person who is established in a Member State (other than the State) and is entitled to pursue in that Member State the professional activities of a lawyer under a designation shown opposite the name of that Member State in the following list—

Belgium: Avocat—Advocaat Denmark: Advokat Germany: Rechtsanwalt France: Avocat Italy: Avvocato Luxembourg: Avocat—avoué Netherlands: Advocaat United Kingdom: Advocate Barrister Solicitor

(1) OJ No. L78/17 26.3.77

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive. 3. (1) Subject to the provisions of these Regulations, a visiting lawyer shall be recognised as a lawyer for the purpose of pursuing activities in the State by way of provision of legal services and, without prejudice to the generality of the foregoing—

( a ) as regards activities relating to the representation of a client in legal proceedings or before public authorities, he shall have the same right of audience as a lawyer established in the State, and

( b ) references in any enactment or statutory instrument to a barrister or to a solicitor shall be construed accordingly.

(2) Section 58 (3) of the Solicitors Act, 1954 (No. 36 of 1954), is hereby amended by the insertion after paragraph (f) of the following paragraph:

"( ff ) an act done by a lawyer to whom Council Directive No. 77/249/EEC of 22 March 1977 applies by way of provision of legal services within the limits and under the conditions laid down in that Directive, other than the preparation of a formal document for obtaining title to administer the estate of a deceased person and the drafting of a formal document creating or transferring an interest in land,". 4. When pursuing activities in the State by way of provision of legal services, a visiting lawyer shall use the professional title used in the Member State from which he comes, expressed in the language or one of the languages of that Member State, with an indication of the professional organisation by which he is authorised to practise or...