S.I. No. 226/1986:

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) (AMENDMENT) REGULATIONS, 1986.

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) (AMENDMENT) REGULATIONS, 1986.

I, ALAN M. DUKES, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose, as respects Council Directive No. 77/249/EEC of 22 March, 1977¹ of giving effect to the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community ², hereby make the following Regulations:

¹O.J. No. L78/17 26.3.77.

²O.J. No. L302/7 15.11.85.

1. (1) These Regulations may be cited as the European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations, 1986.

(2) The European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 and 1981, and these Regulations may be cited together as the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1986.

2. Regulation 2(1) of the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 ( S.I. No. 58 of 1979 ), is hereby amended by the insertion in the definition of "visiting lawyer" after "Netherlands: Advocaat" of the following:

"Portugal: Advogado

Spain: Abogado"

3. Section 58 (3) of the Solicitors Act, 1954 (No. 36 of 1954), is hereby amended by the substitution for paragraph (ff) (inserted by Regulation 4 of the European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations, 1981 ( S.I. No. 197 of 1981 )) of the following paragraph:

"(ff) an act done by a lawyer to whom Council Directive No. 77/249/EEC of 22 March 1977, as adapted by the Act concerning the conditions of accession of the Hellenic Republic, the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic, and the adjustments to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community, applies by way of provision of legal services within the limits and under the conditions laid down in that Directive, other than the preparation of a formal document for obtaining title to administer the estate of a deceased person and the drafting of a formal document creating or transferring an interest in land,".

GIVEN under my Official Seal, this 23rd day of June, 1986.

ALAN M. DUKES,

Minister for Justice.

EXPLANATORY NOTE.

Consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the European Communities, these Regulations extend to lawyers from those countries the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 and 1981. 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.