The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) (Extension to Switzerland etc.) Regulations 2024
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Change 1
9 Amendments to Parts 1, 2 and 3 of the 2023 Regulations
After regulation 9, insert— Adaptation periods for Swiss qualified lawyers 9A. (1) A legal regulator must establish and maintain a register of Swiss lawyers and publish the names of those on the register. (2) If a Swiss qualified lawyer chooses to complete an adaptation period under regulation 9(1A), the legal regulator— (a) subject to sub-paragraph (b), must enter the name of the Swiss qualified lawyer on its register of Swiss lawyers; (b) may refuse to register the Swiss qualified lawyer, or may cancel such registration, where the Swiss qualified lawyer fails to meet any conditions that apply to the UK qualified lawyers it regulates; (c) must require the Swiss qualified lawyer to complete an adaptation period of— (i) at least three years’ effective and regular practice of the law that the UK qualified lawyers it regulates practise; or (ii) less than three years’ effective and regular practice of the law that the UK qualified lawyers it regulates practise if the Swiss qualified lawyer possesses suitable professional experience; (d) must require the Swiss qualified lawyer to use the Swiss legal title during the adaptation period; (e) may prevent the Swiss qualified lawyer from carrying out certain professional activities during the adaptation period; and (f) must apply the same rules of professional conduct to the Swiss qualified lawyer during the adaptation period that apply to the UK qualified lawyers it regulates. (3) Where a legal regulator recognises an applicant’s professional qualifications under regulation 7 (recognition of professional qualifications), the legal regulator must— (a) in addition to the matters referred to in regulation 7(2), permit the Swiss qualified lawyer to use the UK legal title for which it is responsible; and (b) remove the name of the Swiss qualified lawyer from its register of Swiss lawyers. (4) A legal regulator must give reasons in writing for refusing to register a Swiss qualified lawyer or cancelling the registration of a Swiss qualified lawyer under paragraph (2)(b). (5) A legal regulator must provide a right of appeal against its decision to refuse to register a Swiss qualified lawyer or against its decision to cancel the registration of a Swiss qualified lawyer under paragraph (2)(b). Appeal against Law Society decision to refuse or cancel registration 9B. (1) A Swiss qualified lawyer may appeal to the High Court against— (a) the refusal of the Law Society to enter their name on its register of Swiss lawyers; (b) a decision of the Law Society to cancel their registration on its register of Swiss lawyers. (2) On an appeal under paragraph (1), the High Court may make such order (including as to payment of costs) as it thinks fit. (3) The decision of the High Court on an appeal under this regulation is final. Appeal against Law Society of Scotland decision to refuse or cancel registration 9C. (1) A Swiss qualified lawyer may appeal to the Court of Session against— (a) the refusal of the Law Society of Scotland to enter their name on its register of Swiss lawyers; (b) a decision of the Law Society of Scotland to cancel their registration on its register of Swiss lawyers. (2) On an appeal under paragraph (1), the Court of Session may make such order (including as to payment of costs) as it thinks fit. (3) The decision of the Court of Session on an appeal under this regulation is final. .
9 Amendments to Parts 1, 2 and 3 of the 2023 Regulations
After regulation 9, insert— Adaptation periods for Swiss qualified lawyers 9A. (1) A legal regulator must establish and maintain a register of Swiss lawyers and publish the names of those on the register. (2) If a Swiss qualified lawyer chooses to complete an adaptation period under regulation 9(1A), the legal regulator— (a) subject to sub-paragraph (b), must enter the name of the Swiss qualified lawyer on its register of Swiss lawyers; (b) may refuse to register the Swiss qualified lawyer, or may cancel such registration, where the Swiss qualified lawyer fails to meet any conditions that apply to the UK qualified lawyers it regulates; (c) must require the Swiss qualified lawyer to complete an adaptation period of— (i) at least three years’ effective and regular practice of the law that the UK qualified lawyers it regulates practise; or (ii) less than three years’ effective and regular practice of the law that the UK qualified lawyers it regulates practise if the Swiss qualified lawyer possesses suitable professional experience; (d) must require the Swiss qualified lawyer to use the Swiss legal title during the adaptation period; (e) may prevent the Swiss qualified lawyer from carrying out certain professional activities during the adaptation period; and (f) must apply the same rules of professional conduct to the Swiss qualified lawyer during the adaptation period that apply to the UK qualified lawyers it regulates. (3) Where a legal regulator recognises an applicant’s professional qualifications under regulation 7 (recognition of professional qualifications), the legal regulator must— (a) in addition to the matters referred to in regulation 7(2), permit the Swiss qualified lawyer to use the UK legal title for which it is responsible; and (b) remove the name of the Swiss qualified lawyer from its register of Swiss lawyers. (4) A legal regulator must give reasons in writing for refusing to register a Swiss qualified lawyer or cancelling the registration of a Swiss qualified lawyer under paragraph (2)(b). (5) A legal regulator must provide a right of appeal against its decision to refuse to register a Swiss qualified lawyer or against its decision to cancel the registration of a Swiss qualified lawyer under paragraph (2)(b). Appeal against Law Society decision to refuse or cancel registration 9B. (1) A Swiss qualified lawyer may appeal to the High Court against— (a) the refusal of the Law Society to enter their name on its register of Swiss lawyers; (b) a decision of the Law Society to cancel their registration on its register of Swiss lawyers. (2) On an appeal under paragraph (1), the High Court may make such order (including as to payment of costs) as it thinks fit. (3) The decision of the High Court on an appeal under this regulation is final. Appeal against Law Society of Scotland decision to refuse or cancel registration 9C. (1) A Swiss qualified lawyer may appeal to the Court of Session against— (a) the refusal of the Law Society of Scotland to enter their name on its register of Swiss lawyers; (b) a decision of the Law Society of Scotland to cancel their registration on its register of Swiss lawyers. (2) On an appeal under paragraph (1), the Court of Session may make such order (including as to payment of costs) as it thinks fit. (3) The decision of the Court of Session on an appeal under this regulation is final. .
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