Rule 22: Waivers
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Rule 22 of the Code of Conduct was amended on 31 March 2009 as part of a general updating of the rules to introduce firm-based regulation and legal disciplinary practices as provided for in the Legal Services Act 2007. View rule 22 with 31 March 2009 changes highlighted
Rule
22.01
- (1)
In any particular case or cases the Solicitors Regulation Authority Board shall have power to waive in writing the provisions of these rules for a particular purpose or purposes expressed in such waiver, to place conditions on and to revoke such waiver.
- (2)
In spite of (1) above, the Solicitors Regulation Authority Board shall not have power to waive any of the provisions of the following rules:
Guidance to rule 22 – Waivers
1. If you apply for a waiver, you will need to show that your circumstances are exceptional in order for it to be granted. Advice may be obtained from the Professional Ethics Guidance Team. We would normally expect an application in respect of an individual working in the practice of a recognised body to be made by the recognised body itself.
2. The list in 22.01(2) should not be taken as an indication that any other rule may be waived in any circumstances. A waiver cannot be granted where to do so would run counter to the overall purpose of the rule. For example, it is difficult to foresee circumstances in which many of the provisions of rule 2 (Client relations) would be waived.
3. The SRA Board has confirmed that every existing waiver of the Solicitors' Practice Rules 1990, the Solicitors' Overseas Practice Rules 1990 or the Solicitors' Incorporated Practice Rules 2004 would be extended as a like waiver of the Solicitors' Code of Conduct 2007 for a period of two years from 1 July 2007, or until the date of expiry specified in the waiver if earlier. Every such waiver will expire at the end of the two-year extension period, or earlier if an earlier date of expiry is specified in the waiver. Any firms still holding over on such waivers should consider whether they need to apply for a new waiver and, if so, should contact the Professional Ethics Guidance Team to apply forthwith.
To link to this rule, please use www.sra.org.uk/rule22.
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