22 May 2017

Annexe B - The Registered European Lawyers Rules

From 6 January 2014 the Bar should refer to a  new Handbook for rules and guidance on their conduct as barristers.

1. A European Lawyer who wishes to practise on a permanent basis in England and Wales under a Home Professional Title may apply to the Board to be registered as a Registered European Lawyer.

2. An application for registration must be made in such form as may be prescribed by the Board and be accompanied by:

(a) a certificate, not more than three months old at the date of receipt of the application by the Board, that the applicant is registered with the competent authority in a Home State as a lawyer qualified to practise in that Home State under a Home Professional Title.

(b) a declaration that:

(i) he has not on the ground of professional misconduct or the commission of a criminal offence been prohibited from practicing in his home State and is not currently suspended from so practising;

(ii) no bankruptcy order or directors disqualification order has been made against him and he has not entered into an individual voluntary arrangement with his creditors;

(iii) he is not aware of any other circumstances relevant to his fitness to practice under his home professional title in England and Wales; and

(iv) he is not registered with the Law Society of England and Wales, of Scotland or of Northern Ireland.  

and

(c) the prescribed fee.

3. Provided it is satisfied that the application complies with the requirements of paragraph 2, the Board will:

(a) register the applicant as a Registered European Lawyer; and

(b) so inform the applicant and the competent authority in the applicant's Home State which has issued the certificate referred to in paragraph 2(a).
 
4. A registered European lawyer may supply legal services, including the exercise of rights of audience, under these Rules provided that:

(1) he has a current practising certificate issued by the Bar Council in accordance with the Practising Certificate Regulations;

(2) in the case of a registered European lawyer who supplies legal services to the public, unless exempted by the Board he is covered by insurance against claims for professional negligence arising out of the supply of his services in England and Wales in such amount and upon such terms as are currently required by the Board, and has delivered to the Board a copy of the current insurance policy or the current certificate of insurance issued by the insurer;

(3) where the professional activities in question may (but for the European Communities (Lawyer's Practice) Order 1999) be lawfully provided only by a solicitor or barrister, he must act in conjunction with a solicitor or barrister who is entitled to practise before the Court, tribunal or public authority concerned and who could lawfully provide those professional activities.

5. The Board may exempt a Registered European Lawyer from the requirement to take out professional indemnity insurance:

(a) A Registered European Lawyer who wishes to apply for such an exemption must provide to the Board evidence to show that he is covered by insurance taken out or a guarantee provided in accordance with the rules of his Home State. 

(b) If the Board is satisfied that such insurance or guarantee is fully equivalent in terms of conditions and extent of cover to the cover required by the Code of Conduct, the Board may exempt the Registered European Lawyer wholly from the requirement to take out professional indemnity insurance in accordance with the Code of Conduct. 

(c) If the Board is satisfied that the equivalence is only partial, the Board may require the Registered European Lawyer to arrange additional insurance or an additional guarantee to cover the elements which are not already covered by the insurance or guarantee contracted by him in accordance with the rules of his Home State.

6. A registered European lawyer in connection with all professional work undertaken in England and Wales must comply with all of the provisions of the Code (except paragraphs 201 to 204, 401, 402 and 801 to 804) as if he were a self-employed barrister or an employed barrister as the case may be and as if references in the Code to barristers included reference to registered European lawyers.

7. A Registered European Lawyer must not hold himself out to be a barrister.

8. A Registered European lawyer must in connection with all professional work undertaken in England and Wales:

(1) use his Home Professional Title;

(2) indicate the name of his home professional body or the Court before which he is entitled to practise in that Member State; and

(3) indicate that he is registered with the Board as a European lawyer.

9. A registered European lawyer must inform the Bar Council of:

(1) any investigation into his conduct by his home professional body;

(2) any findings of professional misconduct made by his professional body; and

(3) the withdrawal or suspension of his authorisation in his home state to pursue professional activities under his home professional title.

10. The Board will:

(1) remove a European Lawyer from the register:

(i) pursuant to a sentence of a Disciplinary Tribunal; or

(ii) if the Registered European Lawyer ceases to be a European Lawyer;

(2) suspend a European Lawyer from the register:

(i) pursuant to a sentence of either a Disciplinary Tribunal or a Summary Procedure Panel; or

(ii) if the European Lawyer's authorisation in his Home State to pursue professional activities under his Home Professional Title is suspended; and

(3) notify the European Lawyer's home professional body:

(i) of his removal or suspension from the register; and

(ii) of any criminal conviction or bankruptcy order of which it becomes aware against a Registered European Lawyer.