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PART 3STransitional and saving provision and consequential amendments

Transitional provision: the European Communities (Services of Lawyers) Order 1978S

4.—(1) This regulation applies where—

(a)a complaint was made under article 15(1) of the 1978 Order (professional misconduct) before [F1IP completion day] against a European lawyer (within the meaning of article 2 of the 1978 Order as it had effect immediately before [F1IP completion day]) who is not an individual to whom regulation 5 applies, and

(b)one of the following applies—

(i)the disciplinary authority had not adjudicated upon the complaint before [F1IP completion day],

(ii)the disciplinary authority had adjudicated upon the complaint and an appeal had been made against that adjudication before [F1IP completion day], but the appeal had not been finally determined or withdrawn before [F1IP completion day], or

(iii)the disciplinary authority had adjudicated upon the complaint before [F1IP completion day] but an appeal against that adjudication was not made until on or after [F1IP completion day].

(2) Articles 15 to 17 of the 1978 Order (and articles 2 and 3 of that Order as they apply to articles 15 to 17) continue to apply to the complaint, as if the 1978 Order had not been revoked by regulation 3, until the complaint and, if applicable, any appeal, have been finally determined or withdrawn.

(3) In this regulation “disciplinary authority” has the same meaning as in article 15 of the 1978 Order as it had effect immediately before [F1IP completion day].

Textual Amendments

F1Words in reg. 4 substituted (31.12.2020 immediately before IP completion day) by The Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/441), regs. 1(2)(a), 15(2)(a)

Commencement Information

I1Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)