S.I. No. 753/2004 - European Communities (Freedom To Provide Services) (Lawyers) (Amendment) Regulations 2004

STATUTORY INSTRUMENTS.

S.I. No. 753 of 2004 .

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) (AMENDMENT) REGULATIONS 2004.

S.I. No. 753 of 2004 .

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) (AMENDMENT) REGULATIONS 2004.

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), make the following regulations for the purpose of giving effect to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Lativa, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded¹ as respects the amendment of Council Directive No. 77/249 EEC of 22 March 1977² :

1. These Regulations may be cited as the European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 2004.

2. The European Communities (Freedom to Provide Services) (Lawyers) Regulations 1979 ( S.I. No. 58 of 1979 ) (the “1979 Regulations”) are amended—

(a)  in Regulation 2(1)—

(i) by substituting the following definition for that of “the Council Directive”:

“ ‘Council Directive’ means Council Directive No. 77/249/EEC of 22 March 1977, as amended or adapted;”, and

(ii) by adding the following to the list contained in the definition of “visiting lawyer”:

(b)  in Regulation 5(1), by substituting “Solicitors Acts 1954 to 2002” for “Solicitors Acts, 1954 to 1994”, and

(c)  in Regulation 7(2)(b)(i)(II), by substituting “Solicitors Disciplinary Tribunal” for “Disciplinary Tribunal (within the meaning of section 6 (inserted by section 16 of the Solicitors (Amendment) Act, 1994 (No. 27 of 1994)) of the Solicitors (Amendment) Act 1960 (No. 37 of 1960))”.

3. In Regulation 2, the reference to the 1979 Regulations is to those Regulations as amended by the amending Regulations of 1981 ( S.I. No. 197 of 1981 ), 1986 ( S.I. No. 226 of 1986 ) and 1999 ( S.I. No. 132 of 1999 ).

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

Consequent on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, these Regulations extend the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1999 to lawyers from those Member States. The latter Regulations gave effect to Council Directive No. 77/249 EEC so as to enable lawyers from other Member States to pursue professional activities in the State by way of provision of services.

¹O.J. L236, 23.9.03

²O.J. L78/17, 26.3.77