The Solicitors (Scotland) Act 1980 (Foreign Lawyers and Multi-national Practices) Regulations 2004

These Regulations, which are made under section 2(2) of the European Communities Act 1972, amend and modify the Solicitors (Scotland) Act 1980 (c. 46) (“the 1980 Act”), and other enactments, to allow Scottish solicitors and incorporated practices and lawyers from jurisdictions outside Scotland (“foreign lawyers”) to enter into multi national practices. The Regulations implement for Scotland the commitments on free movement of legal services made by the European Community under the General Agreement on Trade and Services (GATS) (see the Marrakesh Agreement, Annex 1B, European Communities and their Member States – Schedule of Specific Commitments, II 1A(a)). The Marrakesh Agreement, which established GATS, is a Community Treaty for the purposes of section 1(2) of the European Communities Act 1972, by virtue of the European Communities (Definition of Treaties) (The Agreement Establishing the World Trade Organisation) Order 1995 (S.I. 1995/265).