Exiting The European Union PART 1 Introduction Citation, commencement and extent 1 1 These Regulations may be cited as the Civil and Family Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020. 2 They come into force— a as regards regulations 15 and 16, immediately before IP completion day , b as regards all other regulations, on IP completion day. 3 These Regulations extend to Scotland and insofar as they extend beyond Scotland they do so as a matter of Scots law. PART 2 Mediation Amendment of the Prescription and Limitation (Scotland) Act 1973 2 1 The Prescription and Limitation (Scotland) Act 1973 is amended as follows. 2 In section 14 (computation of prescriptive periods)— a omit subsections (1A), (1B) and (1C) (extension of prescriptive periods: cross-border mediation), b in subsection (2), omit the definitions of— i “the Directive”, ii “mediation” and “mediator”, iii “relevant cross-border dispute”. 3 Omit section 19F (extension of limitation periods: cross-border mediation). Amendment of the Civic Government (Scotland) Act 1982 3 1 The Civic Government (Scotland) Act 1982 is amended as follows. 2 In section 71 (right arising on disposal of property)— a in subsection (2), omit “subject to subsection (3) below”, b omit subsections (3) to (6). Amendment of the Rent (Scotland) Act 1984 4 1 The Rent (Scotland) Act 1984 is amended as follows. 2 In section 37(3) (recovery from landlord of sums paid in excess of recoverable rent, etc.), omit “Subject to section 37A(1) below”. 3 Omit section 37A (extension of time limits for recovery from landlord: cross-border mediation). Amendment of the Family Law (Scotland) Act 2006 5 1 The Family Law (Scotland) Act 2006 is amended as follows. 2 In sections 28(8) (financial provision where cohabitation ends otherwise than by death) and 29(6) (application to court by survivor for provision on intestacy), omit “Subject to section 29A”. 3 Omit section 29A (extension of time limits for applications under sections 28 and 29: cross-border mediation). Revocation of the Cross-Border Mediation (Scotland) Regulations 2011 6 The Cross-Border Mediation (Scotland) Regulations 2011 are revoked. Saving: the Cross Border Mediation (Scotland) Regulations 2011: application of Article 69 of the withdrawal agreement – mediations begun before IP completion day 7 Nothing in this Part affects the application of paragraph 1(b) of Article 69 of the withdrawal agreement and legislation amended or revoked by this Part continues to have effect for the purposes of that paragraph as if the amendments or revocations had not been made. PART 3 Legal Aid Amendment of the Legal Aid (Scotland) Act 1986 8 In section 15 (financial conditions) of the Legal Aid (Scotland) Act 1986 omit subsection (4). Amendment of the Civil Legal Aid (Scotland) Regulations 2002 9 1 The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows. 2 In regulation 46 (applications under the European Judgments Convention), in paragraph (1)(d)(ii) omit “other than an EU Member State”. 3 Omit regulation 48 (cross-border disputes). Amendment of the Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 10 In the Legal Aid (Scotland) Act 1986 Amendment Regulations 2004 , omit regulation 3. Amendment of the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2004 11 In the Civil Legal Aid (Scotland) Amendment (No. 2) Regulations 2004 , omit regulation 5. Saving: Council Directive 2003/8/EC : application of Article 69 of the withdrawal agreement – applications received before IP completion day 12 Nothing in this Part affects the application of paragraph 1(a) of Article 69 of the withdrawal agreement and legislation amended by this Part continues to have effect for the purposes of that paragraph as if the amendments had not been made. Transitional provision 13 1 Nothing in regulations 8 to 11 affects an application for civil legal aid falling within paragraph (2). 2 An application falls within this paragraph if it is an application submitted to the Board in accordance with Article 13(1)(b) of the Cross-Border Legal Aid Directive, reading that Article as if the United Kingdom were a member State, which— a is made using the standard form for legal aid applications established under Article 16 of the Cross-Border Legal Aid Directive; and b is received by the Board before 1700 hours on the 15th day following IP completion day. 3 For the purposes of an application falling within paragraph (2), the provisions in regulations 8 to 11 have effect as if the United Kingdom were a member State. 4 In this regulation— “civil legal aid” has the meaning given in section 13(2) of the Legal Aid (Scotland) Act 1986, “the Board” means the Scottish Legal Aid Board, “the Cross-Border Legal Aid Directive” means Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes. PART 4 Civil Status Documents Revocation: the Multilingual Standard Forms (Fees) (Scotland) Regulations 2018 14 The Multilingual Standard Forms (Fees) (Scotland) Regulations 2018 are revoked. PART 5 Legal Services Amendment of the Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 15 1 The Services of Lawyers and Lawyer’s Practice (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 are amended as follows. 2 In each of the following provisions, for “exit day”, substitute “IP completion day”— a regulation 4 (transitional provision: the European Communities (Services of Lawyers) Order 1978), b regulation 5 (transitional provision: the European Communities (Services of Lawyers Order 1978 and Switzerland), c regulation 6 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000), d regulation 7 (transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 and Swiss Lawyers), e regulation 9 (transitional provision: disciplinary proceedings), f regulation 11 (transitional provision: applications by Swiss lawyers for entry into profession of solicitor or advocate). 3 For regulation 5(3)(b), substitute— b if the period referred to in sub-paragraph (a) is extended in accordance with Article 23(2) of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 ), the end of that period as extended. . 4 For regulation 6, substitute— Transitional provision: the European Communities (Lawyer’s Practice) (Scotland) Regulations 2000 6 1 This regulation applies to a professional body in relation to a solicitor or advocate in the situations described in paragraphs (2) or (3). 2 The first situation is where the solicitor or advocate has a pending application under Article 10(1), (3) and (4) of the Directive as referred to in Article 28 of the withdrawal agreement or Article 27 of the EEA EFTA separation agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020). 3 The second situation is where Article 30(2), 31(1) (to the extent it applies Articles 2 and 10 of the Directive) or (2), or 32(3) or (4) of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020) applies to a solicitor or advocate. 4 Where this regulation applies, the provisions of the 2000 Regulations mentioned in paragraph (5) continue to have effect as if they had not been revoked by regulation 3, but with the modifications specified in that paragraph. 5 The provisions referred to in paragraph (4) are— a regulation 2 (interpretation), b regulation 4(1)(b) and (d) and (2)(b) and (d) (competent authorities), c regulation 5 (exchange of information), modified so that it has effect as if— i for paragraph (1) there were substituted— 1 In order to facilitate compliance with Article 29 of the withdrawal agreement, Article 28 of the EEA EFTA separation agreement and Article 33 of the Swiss citizens’ rights agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with any authority in any of the States listed in regulation 2(4) which has been designated under the Directive by that State as a competent authority in that State and supply or receive from any such authority, information relating to a solicitor or advocate, or to any person with whom that solicitor or advocate jointly practices. , and ii in paragraph (2) the reference to “European lawyer” were a reference to “solicitor or advocate”, d regulation 28 (disciplinary proceedings against a solicitor or advocate). 6 In this regulation the terms “advocate”, “Directive”, “professional body” and “solicitor” have the same meaning as in regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day. . 5 For regulation 7(5), substitute— 5 The provisions of the 2000 Regulations referred to in paragraph (3) cease to continue to have effect in relation to an individual where that individual ceases to be registered with one of the relevant professional bodies under regulation 17 of the 2000 Regulations (as it has effect by virtue of this regulation) at or after the end of the period of 4 years beginning with IP completion day and that individual— a was a registered European lawyer before the end of the period of 4 years beginning with IP completion day, b is a Swiss lawyer of the description in paragraph (4)(b) who became a registered European lawyer at or after the end of the period of 4 years beginning with IP completion day, c is a Swiss lawyer of the description in paragraph (4)(c) whose suspension as a registered European lawyer ended or was terminated at or after the end of the period of 4 years beginning with IP completion day, or d is a Swiss lawyer of the description in paragraph (4)(d) whose registration as a registered European lawyer was restored at or after the end of the period of 4 years beginning with IP completion day following the final determination of an appeal. . 6 For regulation 7(6)(d), substitute— d except where regulation 11(4)(a) (transitional provision: applications by Swiss lawyers for entry into profession of solicitor or advocate) of these Regulations applies, regulation 5 (exchange of information), modified so that it has effect as if— i for paragraph (1) there were substituted— 1 In order to facilitate the application of the Directive and to prevent its provisions from being misapplied, and to facilitate compliance with Article 33 of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with any authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland and supply or receive any information relating to a European lawyer, or to any person with whom that European lawyer jointly practices, with other professional bodies, the Faculty of Advocates or Law Society of Scotland or an authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland. , and ii paragraph (3) were omitted, . 7 For regulation 7(6)(g), substitute— g regulation 8 (joint practice), modified so that it has effect as if for it there were substituted— Joint Practice 8 A registered European lawyer may carry out professional activities under that lawyer’s Swiss professional title as part of a joint practice— a to the same extent and in the same manner as a member of the professional body with which the lawyer is registered may do so, with— i a member of the professional body with which the lawyer is registered, ii a registered European lawyer who is registered with the same professional body, or iii any other person permitted by the professional body with which the lawyer is registered, or b with another individual who is— i a national of the United Kingdom, a member State of the European Union, Iceland, Liechtenstein, Norway or Switzerland, and ii practising on a permanent basis under that individual’s Swiss professional title in Switzerland. . 8 In regulation 9— a in paragraphs (2)(a)(ii), (3)(a)(ii) and (4)(a)(ii), for “regulation 6 or 7”, substitute “regulation 7”, b omit paragraphs (2)(b), (3)(b) and (4)(b), c in paragraph (6), before paragraph (a) insert— aa regulation 2 (interpretation), . 9 In regulation 10— a for paragraph (1), substitute— 1 This regulation applies where an application under regulation 29 of the 2000 Regulations (as that regulation had effect immediately before IP completion day) for an exemption from a requirement to pass an aptitude test is made before IP completion day and— a that application has not been determined before IP completion day, b any appeal against the determination of that application has not been finally determined or withdrawn before IP completion day, or c the time limit for bringing an appeal against the determination of the application has not expired. . b before paragraph (4)(a) insert— aa regulation 2 (interpretation), bb regulation 4(1)(b) and (d) and (2)(b) and (d) (competent authorities), cc regulation 5 (exchange of information), modified so that it has effect as if for paragraph (1) there were substituted— 1 In order to facilitate compliance with Article 29 of the withdrawal agreement and Article 28 of the EEA EFTA separation agreement (as those agreements are defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with any authority in any of the States listed in regulation 2(4) which has been designated under the Directive by that State as a competent authority in that State and supply or receive any information relating to a European lawyer or to any person with whom that European lawyer jointly practices. . 10 In regulation 11— a for paragraph (2), substitute— 2 Where this regulation applies, regulation 5 (exchange of information) and Part 5 (entry into the profession of solicitor or advocate) of the 2000 Regulations continue to have effect in relation to a Swiss lawyer referred to in paragraph (1) as if not revoked by regulation 3, subject to paragraph (3) and the modifications specified in paragraph (4). , b for paragraph (4), substitute— 4 The modifications to the 2000 Regulations referred to in paragraph (2) are— a regulation 5 is modified so that it has effect as if for paragraph (1) there were substituted— 1 In order to facilitate compliance with Article 33 of the Swiss citizens’ rights agreement (as that agreement is defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020), a professional body must cooperate with an authority which has been designated by Switzerland under the Directive as a competent authority in Switzerland and may supply to or receive from any such authority, information relating to a European lawyer or to any person with whom that European lawyer jointly practices. , b regulation 29 (application by a registered European lawyer) is modified so as to have effect as if— i in paragraph (1), “under regulation 6(1)(b)(ii) of the Qualifications Regulations” were omitted, ii in paragraphs (2)(b) and (3)(b) and (c), for “home professional title” there were substituted “Swiss professional title”, c regulation 36 (practice under the title of solicitor or advocate) is modified so as to have effect as if— i in paragraph (2)— aa for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”, and bb for “his home State”, in both places where it occurs, there were substituted “Switzerland”, and ii in paragraph (3) for “home professional title”, in both places where it occurs, there were substituted “Swiss professional title”. 11 In the schedule, for paragraph 2(1), substitute— 1 The provisions of the Solicitors (Scotland) Act 1980 mentioned in paragraph (2) continue to have effect on and after IP completion day, as applied by regulation 37(2) and schedule 2 of the 2000 Regulations as if the 2000 Regulations had not been revoked by regulation 3, in relation to an individual who— a was a registered European lawyer (within the meaning of regulation 2(1) of the 2000 Regulations as it had effect immediately before IP completion day), registered with the Law Society of Scotland, at a time before IP completion day, but b is not a Swiss lawyer to whom regulation 7 applies, as those provisions had effect before IP completion day in relation to an individual who had ceased to be registered with the Law Society of Scotland under regulation 17 of the 2000 Regulations. . PART 6 Family Law Amendment of the Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 16 For regulation 6 (saving and transitional provisions) of the Jurisdiction and Judgments (Family, Civil Partnership and Marriage (Same Sex Couples)) (EU Exit) (Scotland) (Amendment etc.) Regulations 2019 substitute— Saving and transitional provisions 6 Nothing in these Regulations affects the application of paragraphs 1, 2(b) and 3(a) of Article 67 of the withdrawal agreement and legislation amended or revoked by these Regulations continues to have effect for the purposes of those paragraphs as if the amendments and revocations had not been made. ASH DENHAM Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 16th December 2020