European Communities (Lawyers’ Establishment) Regulations, 2003

• Jurisdiction: Ireland
• Year: 2003
• Citation: IR SI 732/2003

ARRANGEMENT OF REGULATIONS
Preliminary and general
1. Short title 2. Interpretation 3. Amendment of Solicitors (Amendment) Act 2002 4. Competent authority 5. Saving
Registration of member state lawyers
6. Registration 7. Register of lawyers
Qualifying certificates
8. Qualifying certificates 9. Withdrawal of authorisation to practise in home member state.
Professional activities, conduct and discipline
10. Professional activities 11. Application to registered lawyers of rules of professional practice, conduct and discipline 12. Further adaptation of enactments or regulations relating to solicitors 13. Registered lawyers who is member of grouping in home member state 14. Compensation Fund 15. Transitional provision
Admission of member state lawyers to practice under professional title of barrister or solicitor
16. Amendment of European Communities (General System for Recognition of Higher Education Diplomas Regulations 1991
S.I. No. 732 of 2003
EUROPEAN COMMUNITIES (LAWYERS' ESTABLISHMENT) REGULATIONS 2003
I, Michael McDowell, Minister for Justice, Equality and Law Reform, make the following regulations in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and section 20 of the Solicitors (Amendment) Act 2002 (No. 19 of 2002) and for the purpose of giving effect to Directive No. 98/5/EC of the European Parliament and of the Council of 16 February 19981 to facilitate the practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained, to a measure which is in force by virtue of the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, done at Luxembourg on 21 June 1999 and the Decision of the EEA Joint Committee No. 85/2002 of 25 June 20022 amending Annex VII (Mutual Recognition of Professional Qualifications) to the Agreement on the European Economic Area signed in Oporto on 2 May 1992, as adjusted by the Protocol to that Agreement done at Brussels on 17 March 1993:
Preliminary and general
	Short title and commencement	1. These Regulations may be cited as the European Communities (Lawyers' Establishment) Regulations 2003.
	Interpretation	2. (1) In these Regulations, except where the context otherwise requires —
“Act of 1954” means the Solicitors Act 1954 (No. 36 of 1954);
“Act of 1960” means the Solicitors (Amendment) Act 1960 (No. 37 of 1960);
“Act of 1994” means the Solicitors (Amendment) Act 1994 (No. 27 of 1994);
“Bar Council” means the General Council of the Bar of Ireland;
“barrister” means a person who has been called to the Bar of Ireland and who complies with the requirements of the Bar Council as to professional practice;
“Compensation Fund” means the fund maintained by the Law Society pursuant to sections 21 and 22 of the Act of 1960;
“competent authority” has the meaning given to it by Regulation 4;
“Directive” means Directive No. 98/5EC 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 obtained and includes -
(a) a measure which is in force by virtue of the entry into force of the Swiss Confederation Agreement, and
(b) 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;
“Disciplinary Tribunal” means the Solicitors Disciplinary Tribunal;
“EEA Agreement” means the Agreement on the European Economic Area signed in Oporto on 2 May 1992, as adjusted by the Protocol to that Agreement done at Brussels on 17 March 1993;
“grouping” means any entity, with or without legal personality, formed under the law of a member state or the State, within which lawyers pursue their professional activities jointly under a joint name;
“home member state”, in relation to a lawyer, means the member state in which the lawyer acquired the right to use his or her home professional title before becoming a registered lawyer;
“home professional title”, in relation to a lawyer, means the professional title used in the member state in which the lawyer acquired the right to use that title;
“Law Society” means the Law Society of Ireland;
“lawyer” means any person who is an Irish citizen or a national of a member state and who is authorised to pursue his or her professional activities in a member state under any of the professional titles specified in the Schedule to these Regulations;
“member state” means -
(a) a contracting party (other than the State) to the EEA Agreement, or
(b) the Swiss Confederation.
and, where appropriate, means more than one member state;
“professional activities”, in relation to a lawyer, means professional activities pursued on a permanent basis by the lawyer under the home professional title;
“qualifying certificate” has the meaning given to it by Regulation 8(1);
“register” means the register of registered lawyers established under Regulation 7;
“registered lawyer” means a lawyer in respect of whom a registration certificate is in force;
“registration certificate” means a certificate issued in accordance with Regulation 6(3)(b);
“relevant authority in the home member state”, in relation to a lawyer, means the authority in that member state with which the lawyer is registered;
“solicitor” has the meaning given to it by section 3(1) of the Act of 1954;
“Swiss Confederation Agreement” means the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, done at Luxembourg on 21 June 1999;
“Solicitors Acts” means the Solicitors Acts 1954 to 2002;
“United Kingdom” means the United Kingdom of Great Britain and Northern Ireland;
“United Kingdom barrister” means a lawyer who is authorised in the United Kingdom to pursue professional activities under the professional title of barrister or advocate and whose home member state is the United Kingdom;
“United Kingdom solicitor” means a lawyer who is authorised in the United Kingdom to pursue professional activities under the professional title of solicitor and whose home member state is the United Kingdom.
(2) Any other word or expression used both in these Regulations and in the Directive has, unless the contrary intention appears, the meaning that it has in the Directive.
(3) In these Regulations, unless the context otherwise requires -
(a) a reference to a Regulation is a reference to a regulation of these Regulations,
(b) a reference to a paragraph is a reference to the paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended, and
(c) references to sections of the Acts of 1954 and 1960 are to those sections as substituted or amended by the Acts of 1994 and 2002, as appropriate.
	Amendment of Solicitors (Amendment) Act 2002	3. The Solicitors (Amendment) Act 2002 is amended by the insertion of the following section after section 1:
“Lawyers' Establishment Directive and 2003 Regulations.
1A. (1) The Solicitors Acts 1954 to 2002 are subject to the modifications, provided for in the 2003 Regulations, that are necessary to give effect to the Lawyers' Establishment Directive.
(2) In subsection (1) -
“Lawyers' Establishment Directive” means Directive 98/5/EC of the European Parliament and of the Council of 16 February 19981 , 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) a measure which is in force by virtue of the Agreement between the European Community and its member states, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, done at Luxembourg on 21 June 1999, and
(b) the Decision of the EEA Joint Committee No. 85/2002 of 25 June 20022 amending Annex VII (Mutual Recognition of Professional Qualifications) to the EEA Agreement and having an effect corresponding to that of the Directive:
“2003 Regulations” means the European Communities (Lawyers' Establishment) Regulations 2003 ( S.I. No. 732 of 2003 ).
	Competent authority	4. (1) For the purposes of these Regulations “competent authority”, in relation to a lawyer, means:
(a) in any of the following cases, the Bar Council:
(i) the lawyer is a United Kingdom barrister, whether or not he or she is authorised to pursue professional activities in another member state;
(ii) the lawyer (not being such a barrister) is authorised to pursue his or her professional activities in any such other state and proposes to pursue the professional activities of a barrister in the State;
(iii) the lawyer is a registered lawyer who is pursuing the professional activities of a barrister; and
(b) in any of the following cases, the Law Society:
(i) the lawyer is a United Kingdom solicitor, whether or not he or she is authorised to pursue professional activities in another member state:
(ii) the lawyer (not being such a solicitor) is authorised to pursue his or her professional activities in any such other state and proposes to pursue the professional activities of a solicitor in the State:
(iii) the lawyer is a registered lawyer who is pursuing the professional activities of a solicitor.
(2) To facilitate the application of the Directive and to prevent its provisions from being misapplied for the sole purpose of circumventing the rules applicable in either the State or member states, a competent authority shall...