2004 No. 1117
The European Communities (Services of Lawyers) (Amendment) Order 2004
Made
Laid before Parliament
Coming into force
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 19721, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
Citation, commencement and interpretation1
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 19782 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—
a
after the definitions of “advocate”, “barrister” and “solicitor” insert—
“country of origin”, in relation to a European lawyer, means the country or countries in which he is established;
b
for the definition of “EEC lawyer” substitute—
“European lawyer” means a person entitled to pursue his professional activities in a state in column 1 under the designation referred to in column 2—
State
Designation(s)
Austria
Rechtsanwalt
Belgium
Avocat/Advocaat
Cyprus
Δικηγόρος
Czech Republic
Advokát
Denmark
Advokat
Estonia
Vandeadvokaat
Finland
Asianajaja/Advokat
France
Avocat
Germany
Rechtsanwalt
Hellenic Republic
Dikegoros
Hungary
Ügyvéd
Iceland
Lögmaður
Republic of Ireland
Barrister/solicitor
Italy
Avvocato
Latvia
Zvērināts advokâts
Liechtenstein
Rechtsanwalt
Lithuania
Advokatas
Luxembourg
Avocat-avoué
Malta
Avukat/Prokuratur Legali
Netherlands
Advocaat
Norway
Advokat
Poland
Adwokat/Radca prawny
Portugal
Advogado
Slovakia
Advokát/Komerčný právnik
Slovenia
Odvetnik/Odvetnica
Spain
Abogado/Advocat/Avogado/Abokatu
Sweden
Advokat
Switzerland
Avocat/Advokat/Rechtsanwalt/Anwalt/
Fürsprecher/Fürsprech/Avvocato
c
omit the definition of “member State of origin”.
4
In article 11—
a
omit “member”; and
b
for “State”, wherever it occurs, substitute “country”.
5
1
In Part 1 of the Schedule—
a
omit the entry relating to the Legal Aid Act 1974; and
b
after the entry relating to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1977 insert—
Access to Justice Act 1999 (c. 22).
Financial Services and Markets Act 2000 (c. 8).3
2
In Part 2 of the Schedule—
a
omit the entries relating to the Magistrates' Courts Act 1952 and the County Courts Act 1959;
b
for the entry relating to the Magistrates' Courts Act (Northern Ireland) 1964 substitute “Magistrates' Courts (Northern Ireland) Order 1981, article 164(1).”;
c
for the entry relating to the County Courts Act (Northern Ireland) 1959 substitute “County Courts (Northern Ireland) Order 1980, article 50.”;
d
in the entry relating to the Solicitors Act 1974, after “22” insert “and 23”.
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)”.
(This note is not part of the Order)