Annexe B – The Registered European Lawyers Rules

1. The Bar Council shall maintain a register of European lawyers.

2. The Bar Council shall:

(1) enter a European lawyer on the register pursuant to a direction of the Joint Regulations Committee under Regulation 30 of the Consolidated Regulations;

(2) remove a European lawyer from the register:

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

(iii) if the registered European lawyer ceases to be a European lawyer;

(3) 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

(4) notify the European lawyer's home professional body:

(i) of his entry on or 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.

3. A registered European lawyer must not hold himself out to be a barrister.

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

(1) use his home professional title as determined by the Joint Regulations Committee pursuant to the Consolidated Regulations;

(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 Bar Council as a European lawyer.

5. 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 Joint Regulations Committee 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 Bar Council, and has delivered to the Bar Council 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.

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 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.