European Communities (Services of Lawyers) Order 1978
| Jurisdiction | UK Non-devolved |
| Citation | SI 1978/1910 |
| Year | 1978 |
1978 No. 1910
LEGAL PROFESSION
The European Communities (Services of Lawyers) Order 197820thDecember 1978
1stMarch 1979
At the Court at Buckingham Palace, the 20th day of December 1978
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order has been laid before Parliament and has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 2(2) of the European Communities Act 1972(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement
1. This Order may be cited as the European Communities (Services of Lawyers) Order 1978 and shall come into operation on 1st March 1979.
Interpretation
2. In this Order, unless the context otherwise requires—
"advocate", "barrister" and "solicitor" mean, in relation to any part of the United Kingdom, a person practising in that part as an advocate, barrister or solicitor as the case may be;
"the Directive" means the European Communities Council Directive No. 77/249/EEC to facilitate the effective exercise by lawyers of freedom to provide services(b);
"EEC lawyer" means a person entitled to pursue his professional activities under the designation, in Belgium of an avocat-advocaat, in Denmark of an advokat, in Germany of a Rechtsanwalt, in France of an avocat, in the Republic of Ireland of a barrister or solicitor, in Italy of an avvocato, in Luxembourg of an avocat-avoue, or in the Netherlands of an advocaat;
"member State of origin", in relation to an EEC lawyer, means the member State or States in which he is established; and
(a) 1972 c. 68.
(b) OJ No. L 78, 26.3.77, p. 17.
"own professional authority", in relation to an EEC lawyer, means an authority entitled to exercise disciplinary authority over him in his member State of origin.
3.—(1) The Interpretation Act 1978(a) shall apply to this Order as it applies to subordinate legislation made after the commencement of that Act.
(2) Unless the context otherwise requires, any reference in this Order to a numbered article or to the Schedule is a reference to an article of, or the Schedule to, this Order.
Purpose of Order
4. The provisions of this Order shall have effect for the purpose of enabling an EEC lawyer to pursue his professional activities in any part of the United Kingdom by providing, under the conditions specified in or permitted by the Directive, services otherwise reserved to advocates, barristers and solicitors; and services which may be so provided are hereafter in this Order referred to as services.
Representation in legal proceedings
5. No enactment or rule of law or practice shall prevent an EEC lawyer from providing any service in relation to any proceedings, whether civil or criminal, before any court, tribunal or public authority (including appearing before and addressing the court, tribunal or public authority) by reason only that he is not an advocate, barrister or solicitor; provided that throughout he is instructed with, and acts in conjunction with, an advocate, barrister or solicitor who is entitled to practise before the court, tribunal or public authority concerned and who could properly provide the service in question.
6. Nothing in this Order shall enable an EEC lawyer:—
(a) if he is established in practice as a barrister in the Republic of Ireland, to provide in the course of any proceedings any service which could not properly be provided by an advocate or barrister;
(b) if he is instructed with and acts in conjunction with an advocate or barrister in any proceedings, to provide in the course of those proceedings, or of any related proceedings, any service which an advocate or barrister could not properly provide;
(c) if he is instructed with and acts in conjunction with a solicitor in any proceedings, to provide in the course of those proceedings, or of any related proceedings, any service which a solicitor could not properly provide.
7. An EEC lawyer in salaried employment...
To continue reading
Request your trial