S.L. 12.17 Art. 5Practice under the home-country professional title.

(1) Where a legal professional is practising in Malta under his home-country professional title, such title shall be expressed in the official language or one of the official languages of his home

Member State, in an intelligible manner and in such a way as to avoid confusion with the professional title used in Malta.

(2) For the purpose of applying subregulation (1), the designated authority may require a legal professional practising under his home-country professional title to indicate the professional body of which he is a member in his home Member State or the judicial authority before which he is entitled to practise pursuant to the laws of his home Member State.

(3) The designated authority may also require a legal professional practising under his home-country professional title to include a reference to his registration with the competent authority in that state.

a 6. (1) A legal professional practising under his home-country professional title in Malta may, at any time, apply to have his degree recognised in accordance with Part One of the Mutual

Recognition of Professional Education and Training Regulations, with a view to gaining admission to the legal profession in Malta and practising it under the professional title corresponding to the profession in Malta and shall not start to so practice before he has obtained such recognition.

(2) A legal professional practising under his home-country professional title who has effectively and regularly pursued for a period of at least three years an activity in Malta in Maltese law shall, with a view to gaining admission to the legal profession in Malta, be exempted by the designated authority from the conditions set out in regulation 9(2) of the Mutual Recognition of Professional Education and Training Regulations.

(3) It shall be for the legal professional concerned to furnish the designated authority with proof of such effective regular pursuit for a period of at least three years of an activity in Maltese law. To that end:

(a) the legal professional shall provide the designated authority with any relevant information and documentation, notably on the number of matters he has dealt with and their nature;

(b) the designated authority may verify the effective and regular nature of the activity pursued and may, if need be, request the legal professional to provide, orally or in writing, clarification of, or further details on, the information and documentation mentioned in paragraph (a).

(4) When an exemption in accordance with subregulations (2) and (3) is not granted, the designated authority shall state the reasons for such refusal and the decision shall be subject to appeal before the Mutual Recognition of Qualifications Appeal Board established under article 7 of the Mutual Recognition of Qualifications Act.

(5) A legal professional practising under his home-country professional title who has effectively and regularly pursued a professional activity in Malta for a period of at least three years but for a lesser period in Maltese law may obtain from the designated authority admission to the legal profession in Malta and the right to practise it under the professional title corresponding to the profession in Malta without having to meet the conditions referred to in regulation 9(2) of the Mutual Recognition of Professional Education and Training Regulations, under the conditions and in accordance with the procedures set out below:

(a) The designated authority shall take into account the effective and regular professional activity pursued during the above-mentioned period and any knowledge and professional experience of Maltese law, and any attendance at lectures or seminars on Maltese law, including the rules regulating professional practice and conduct.

(b) The legal professional shall provide the designated authority with any relevant information and documentation, in particular on the matters he has dealt with. Assessment of the legal professional's effective and regular activity in Malta and assessment of his capacity to continue the activity he has pursued shall be carried out by means of an interview with the designated authority in order to verify the regular and effective nature of the activity pursued.

(6) When an authorisation in accordance with sub-regulation

(5) is not granted, the designated authority shall state the reasons for such refusal, and the decision shall be subject to appeal before the Mutual Recognition of Qualifications Appeals Board established under article 7 of the Mutual Recognition of

Qualifications Act.

(7) The designated authority may, by reasoned decision subject to appeal before the Mutual Recognition of Qualifications Appeals Board established by article 7 of the Mutual Recognition of Qualifications Act, refuse to allow the legal professional the benefit of the provisions of this Regulation if it considers that this would be against public policy, in particular because of disciplinary proceedings, complaints or incidents of any kind.

(8) The designated authority entrusted with consideration of the application shall preserve the confidentiality of any information received.

(9) A legal professional who gains admission to the legal profession in Malta in accordance with subregulations (1) to (6) of this regulation shall be entitled to use his home-country professional title, expressed in the official language or one of the official languages of his home Member State, alongside the professional title corresponding to the legal profession in Malta.