Change tracker – Solicitors Admission Regulations 2009

2009-07-01
 

The Solicitors' Admission Regulations 2009 have been replaced on the 6 October 2011 by the SRA Accounts Rules 2011 as part of the introduction of outcomes-focused regulation.

Go to SRA Handbook

The Solicitors' Admission Regulations 2009 were amended on 1 September 2010 to reflect changes introduced by the SRA Qualified Lawyers Transfer Scheme Regulations 2010.

The Solicitors' Admission Regulations 1994 were replaced on 1 July 2009 by the Solicitors' Admission Regulations 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.
 

The Solicitors' Admission Regulations 19942009

Made on the 22nd day of July 1994 by the Master of the Rolls under Section 28 of the Solicitors' Act 1974 as amended with the concurrence of the Lord Chancellor and the Lord Chief Justice.

Regulations dated 1 July 2009, made by the Master of the Rolls under section 28 of the Solicitors Act 1974 and article 3 of the Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009 with the concurrence of the Secretary of State and the Lord Chief Justice under article 3 of the Legal Services Act 2007 (Commencement No. 5, Transitory and Transitional Provisions) Order 2009.

Part 1

  • 1.

    These regulations may be cited as the Solicitors' Admission Regulations 1994 and shall come into force on the 22nd day of July 1994 1 July 2009 on which date the Admission Regulations made on the 3rd April 1989and amended on the 1st December 1990shall Solicitors' Admission Regulations 1994cease to have effect.

  • 2.
    • (i)

      Words and phrases not expressly defined in these regulations bear the same meaning as they bear in the Solicitors Act 1974.

    • (ii)

      The Interpretation Act 1978 applies to the interpretation of these regulations as it applies to the interpretations of an Act of Parliament.

    • (iii)

      In these regulations:

      • "application for admission" means application to the SRA for a certificate of satisfaction under section 3(1) and for admission as a solicitor under section 3(2) of the Solicitors Act 1974; and
      • "Training Regulations" means the Training Regulations made from time to time by the Law Society.
      • "Qualified Lawyers Transfer Regulations" means the Qualified Lawyers Transfer Regulations made from time to time by the Law Society.
      • "Society" means the Law Society.
      • "SRA" means the Solicitors Regulation Authority.
      • "application for admission" means application to the Society in a form approved by the Society for a certificate under Section 3 of the Solicitors' Act 1974 and application to the Master of the Rolls for admission as a solicitor.
      • "Master of the Rolls" includes a judge appointed under Section 73 of the Courts and Legal Services Act 1990.
       
     
  • 3.

    On any appeal to the High Court under these regulations:

    • (i)

      section 28(3E) of the Solicitors Act 1974 provides that the High Court may make such order as it thinks fit as to payment of costs, and

    • (ii)

      section 28(3F) of the Solicitors Act 1974 provides that the decision of the High Court shall be final.

     

Part 2

  • 4.
    • (i)

      An applicant for a certificate of enrolment under regulation 5 of the Solicitors' Training Regulations whose application has been refused under paragraph (1)(i) of that regulation may appeal to the High Court under this regulation against the SRA's decision on a review of the application under regulation 5(4) of the Solicitors' Training Regulations.

    • (ii)

      An applicant for acceptance as a mature student under regulation 9(1)(iii) of the Solicitors' Training Regulations whose application has been refused under paragraph (1)(iii)(d) of that regulation may appeal to the High Court under this regulation against the SRA's decision.

    • (iii)

      A person seeking to establish eligibility under regulation 4 of the Qualified Lawyers Transfer Regulations or regulation 1 of the Qualified Lawyers Transfer Scheme Regulations other than pursuant to Directive 2005/36/EC or Directive 98/5/EC may appeal to the High Court under this regulation against the SRA's decision on a review under regulation 16(1) of those regulations the Qualified Lawyers Transfer Regulations or, where appropriate, regulation 5.1 of the Qualified Lawyers Transfer Scheme Regulations, where the SRA:

      • (a)

        refused the initial application on the ground that the applicant is not suitable to be admitted as a solicitor, and

      • (b)

        has refused to reverse that refusal on the review.

       
    • (iv)

      A person seeking to establish eligibility pursuant to Directive Directive 2005/36/EC or Directive 98/5/EC has rights of appeal under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 or regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000 respectively - see 16(3) and (4) of the Qualified Lawyers Transfer Regulations or, where appropriate, regulations 5.3 and 5.4 of the Qualified Lawyers Transfer Scheme Regulations.

    • (v)

      An appeal under (i), (ii) or (iii) above must be brought within three months of the applicant receiving notification of the SRA's decision.

    • (vi)

      On an appeal under (i), (ii) or (iii) above, the High Court may:

      • (a)

        affirm the decision of the SRA; or

      • (b)

        direct the SRA to issue a certificate of enrolment, or to accept the applicant as a mature student, or to issue a certificate of eligibility, as the case may be; or

      • (c)

        make such recommendations to the SRA as the High Court thinks fit.

       
     
  • 5.
    • (i)

      An unadmitted person may appeal to the High Court under this regulation against the SRA's decision:

      • (a)

        on an application under regulation 31(3) of the Solicitors' Training Regulations for review of the imposition of a prohibition or sanction;

      • (b)

        if he or she has been certified eligible under regulation 4 of the Qualified Lawyers Transfer Regulations or regulation 1 of the Qualified Lawyers Transfer Scheme other than pursuant to Directive 2005/36/EC, on an application under regulation 17(2) of the Qualified Lawyers Transfer Regulations, or regulation 6.2 of the Qualified Lawyers Transfer Scheme Regulations, for review of the imposition of a prohibition or sanction;

      • (c)

        on an application under regulation 31(5) of the Solicitors' Training Regulations for removal of a prohibition or sanction; or

      • (d)

        on an application under regulation 17(5) of the Qualified Lawyers Transfer Regulations or regulation 6.5 of the Qualified Lawyers Transfer Scheme Regulations, for removal of a prohibition or sanction.

       
    • (ii)

      An unadmitted person who has been certified eligible pursuant to Directive 2005/36/EC has rights of appeal under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 against:

      • (a)

        prohibition of an attempt at the Test, any attempt at any or all of the Qualified Lawyers Transfer Scheme Assessments; or

      • (b)

        refusal to lift that prohibition on an application for review;

        see regulation 17(4) of the Qualified Lawyers Transfer Regulations or 6.4 of the Qualified Lawyers Transfer Scheme Regulations.

       
    • (iii)
      • (a)

        An appeal under (i)(a) or (b) above must be brought within three months of the unadmitted person receiving notification of the SRA's decision on the review.

      • (b)

        An appeal under (i)(c) or (d) above must be brought within three months of the unadmitted person receiving notification of the SRA's decision on the application for removal of the prohibition or sanction.

       
    • (iv)

      On any appeal under (i) above, the High Court may:

      • (a)

        affirm the decision of the SRA; or

      • (b)

        direct the SRA to remove the prohibition or sanction; or

      • (c)

        make such recommendations to the SRA as the High Court thinks fit.

       
     

Part 2Part 3

 
  • 4.

    A person shall be admitted as a solicitor on a day determined by the Society, within a reasonable period of the application being made.

 
  • 5.7.

    Application for admission must be made to the Society SRA in such form and be accompanied by such fee and documents as the Society SRA may from time to time prescribe.

 
  • 6.8.
    • (i)

      If theSociety SRA:

      • (a)

        is satisfied that an applicant has complied with the Solicitors' Training Regulations or the Qualified Lawyers Transfer Regulations, or the Qualified Lawyers Transfer Scheme Regulations; and

      • (b)

        is satisfied as to the character and suitability of the applicant to be a solicitor,

        it shall issue the applicant with a certificate to that effect in accordance with section 3(1) of the Solicitors Act 1974.

       
    • (ii)

      In any case where the Society SRA refuses to issue a certificate of satisfaction under paragraph (i) it shall notify the applicant to this effect within 14 days of receiving the application stating the grounds for refusalwithin one month of the applicant complying with all reasonable requirements of the SRA in respect of the application.

    • (iii)

      Once the deadline in paragraph (ii) has passed without the SRA issuing a certificate of satisfaction or notifying the applicant of refusal, the application is deemed, for the purpose of any appeal, to have been refused and refusal notified to the applicant on that date.

    • (iv)

      In any case Where the Society SRA refuses or fails to issue a certificate of satisfaction under paragraph (i), except where the applicant has established eligibility under regulation 4 of the Qualified Lawyers Transfer Regulations or regulation 1 of the Qualified Lawyers Transfer Scheme Regulations, pursuant to Directive 2005/36/EC or Directive 98/5/EC, the applicant may appeal under this regulation to the Master of the Rolls, who may High Court, which may:

      • (a)

        affirm the decision of the SRA; or

      • (b)

        direct the SRA to issue a certificate of satisfaction to the applicant; or

      • (c)

        make such recommendations to the Society SRA as the Master of the Rolls Court thinks fit.

       
    • (v)

      An applicant who has established eligibility pursuant to:

      • (a)

        Directive 2005/36/EC has the right to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007;

      • (b)

        Directive 98/5/EC has the right to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000,

        within three months of the applicant receiving notification or deemed notification of the SRA's refusal, against refusal or deemed refusal of a certificate of satisfaction.

       
    • (vi)

      An appeal under (iv) above must be brought within three months of the applicant receiving notification or deemed notification of the SRA's refusal of a certificate of satisfaction.

     
 
  • 7.

    Not less than two days before each day of admission the Society shall send to the Clerk of the Master of the Rolls a list of the persons who are entitled to be admitted on that day.

  • 8.

    On receipt of the list mentioned in Regulation 7, the Master of the Rolls shall, subject to section 3(2) of the Solicitors Act 1974, by signing the list admit those on the list as solicitors and these admissions become effective on a date determined by the Society.

  • 9.

    Where a certificate of satisfaction has been issued under regulation 8(i), the applicant shall be admitted as a solicitor within a reasonable period on a day determined by the SRA, unless cause to the contrary in writing is shown to the SRA's satisfaction.

  • 10.
    • (i)

      If, after the issuing of a certificate of satisfaction but before the applicant's admission, cause is shown in writing to the satisfaction of the SRA that the applicant should not be admitted, the SRA shall not admit the applicant as a solicitor and shall notify its decision to the applicant in writing.

    • (ii)

      The applicant may within one month of receiving notification from the SRA of its decision, ask for the matter to be reviewed.

    • (iii)

      In such a case, except where the applicant has established eligibility under regulation 4 of the Qualified Lawyers Transfer Regulations, or regulation 1 of the Qualified Lawyers Transfer Scheme Regulations, pursuant to Directive 2005/36/EC or Directive 98/5/EC, the applicant may appeal under this regulation to the High Court, which may:

      • (a)

        affirm the decision of the SRA; or

      • (b)

        direct the SRA to admit the applicant as a solicitor; or

      • (c)

        make such recommendations to the SRA as the High Court thinks fit.

       
    • (iv)

      An applicant who has been certified eligible pursuant to Directive 2005/36/EC has the right, within three months of receiving notification of the SRA's decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007 against:

      • (a)

        a decision of the SRA under (i) above not to admit the applicant as a solicitor; or

      • (b)

        refusal of the SRA to reverse that decision on a review under (ii) above;

       
    • (v)

      An applicant who has been certified eligible pursuant to Directive 98/5/EC has the right, within three months of receiving notification of the SRA's decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000 against:

      • (a)

        a decision of the SRA under (i) above not to admit the applicant as a solicitor; or

      • (b)

        refusal of the SRA to reverse that decision on a review under (ii) above;

       
    • (vi)

      An appeal under (iii) above must be brought within three months of the applicant receiving notification of the SRA's decision on the review.

    • (vii)

      An applicant may make up to three applications to the SRA to reverse its decision not to admit the applicant as a solicitor, after intervals of not less than twelve months from the final determination as to the initial decision, or from the final determination of the applicant's previous application for review, as the case may be.

    • (viii)

      Within three months of receiving notification from the SRA of its decision on an application to reverse the decision not to admit the applicant, the applicant may appeal under this regulation to the High Court, which may:

      • (a)

        affirm the decision of the SRA; or

      • (b)

        direct the SRA to admit the applicant as a solicitor; or

      • (c)

        make such recommendations to the SRA as the High Court thinks fit.

       
     
  • 9.11.

    The Society SRA shall prepare an admission certificate in respect of each person admitted. Every certificate shall be signed by the Master of the Rolls and the Chief Executive of the Society SRA or attested in such manner as each of them the Chief Executive shall respectively authorise.