European Communities (Lawyers' Establishment) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Short title
num: 2
paragraphs: Interpretation
num: 3
paragraphs: Amendment of Solicitors (Amendment) Act 2002
num: 4
paragraphs: Competent authority
num: 5
paragraphs: Saving
Registration of member state lawyers
num: 6
paragraphs: Registration
num: 7
paragraphs: Register of lawyers
Qualifying certificates
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paragraphs: Qualifying certificates
num: 9
paragraphs: Withdrawal of authorisation to practise in home member state.
Professional activities, conduct and discipline
num: 10
paragraphs: Professional activities
num: 11
paragraphs: Application to registered lawyers of rules of professional practice, conduct and discipline
num: 12
paragraphs: Further adaptation of enactments or regulations relating to solicitors
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paragraphs: Registered lawyers who is member of grouping in home member state
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paragraphs: Compensation Fund
num: 15
paragraphs: Transitional provision
Admission of member state lawyers to practice under professional title of barrister or solicitor
num: 16
paragraphs: 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
num: 1
paragraphs: These Regulations may be cited as the European Communities (Lawyers' Establishment) Regulations 2003.
Interpretation
num: 2
paragraphs: (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;