STATUTORY INSTRUMENTS.

S.I. No. 132 of 1999.

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) (AMENDMENT) REGULATIONS, 1999.

S.I. No. 132 of 1999.

EUROPEAN COMMUNITIES (FREEDOM TO PROVIDE SERVICES) (LAWYERS) (AMENDMENT) REGULATIONS, 1999.

I, JOHN O'DONOGHUE, 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 ), 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 Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union² is founded, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations, 1999.

(2) The European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1986, and these Regulations may be cited together as the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1999.

2. The European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 ( S.I. No. 58 of 1979 ), are hereby amended--

(a) in Regulation 2(1), by the insertion in the definition of “visiting lawyer” of--

(i) “Austria: Rechtsanwalt” before “Belgium: Avocat-Advocaat”,

(ii) “Finland: Asianajaja/ Advokat” after “Germany: Rechtsanwalt”, and

(iii) “Sweden: Advokat” after “Spain: Abogado”,

(b) in Regulation 5(1), by the substitution for “Solicitors Acts, 1954 and 1960” of “Solicitors Acts, 1954 to 1994”,

(c) in Regulation 7 (1)(b)(i)(II), by the deletion of “Incorporated”,

(d) in Regulation 7 (2)(b)(i)(II), by the substitution for “the Disciplinary Committee (within the meaning of the Solicitors (Amendment) Act, 1960 (No. 37 of 1960) ),” of “the 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) ),”, and

(e) in Regulation 7(3), by the deletion of “Incorporated”.

3. Section 58 (3) of the Solicitors Act, 1954 (No. 36 of 1954) , is hereby amended by the deletion of paragraph (ff).

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 Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, these Regulations extend to lawyers from those countries the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 1986. 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.

¹ O.J. No. L78, 26.3.77, p. 17

² O.J. No. L1, 1.1.95, p. 1