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SRA Handbook
Welcome
Overview
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Introduction
Principles
Code of Conduct
Accounts Rules
Authorisation and Practising Requirements
Client Protection
Discipline and Costs Recovery
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Overview
Edition 2 of the SRA Handbook is in force.
Introduction
Principles
Preamble
Principles
Principles
Principles - notes
Principles - application provisions
Application of the SRA Principles in England and Wales
Application of the SRA Principles in relation to practice from an office outside England and Wales
Application of the SRA Principles outside practice
General provisions
Transitional provisions
Transitional provisions
Interpretation
Interpretation
Code of Conduct
Introduction to the Code of Conduct
You and your client
Client care
Equality and diversity
Conflicts of interests
Confidentiality and disclosure
Your client and the court
Your client and introductions to third parties
You and your business
Management of your business
Publicity
Fee sharing and referrals
You and your regulator
You and your regulator
You and others
Relations with third parties
Separate businesses
Application, waivers and interpretation
Application and waivers provisions
Interpretation
Transitional provisions
Accounts Rules
Preamble
Introduction
General
The overarching objective and underlying principles
Interpretation
Geographical scope
Persons governed by the rules
Persons exempt from the rules
Principals' responsibility for compliance
Duty to remedy breaches
Liquidators, trustees in bankruptcy, Court of Protection deputies and trustees of occupational pension schemes
Joint accounts
Operation of a client's own account
Firm's rights not affected
Categories of money
Client money and operation of a client account
Client accounts
Use of a client account
Client money withheld from client account on client's instructions
Other client money withheld from a client account
Receipt and transfer of costs
Receipt of mixed payments
Treatment of payments to legal aid practitioners
Withdrawals from a client account
Method of and authority for withdrawals from client account
Interest
When interest must be paid
Amount of interest
Interest on stakeholder money
Contracting out
Accounting systems and records
Guidelines for accounting procedures and systems
Restrictions on transfers between clients
Executor, trustee or nominee companies
Accounting records for client accounts, etc.
Accounting records for clients' own accounts
Monitoring and investigation by the SRA
Production of documents, information and explanations
Accountants' reports
Delivery of accountants' reports
Accounting periods
Qualifications for making a report
Reporting accountant's rights and duties - letter of engagement
Change of accountant
Place of examination
Provision of details of bank accounts, etc.
Test procedures
Departures from guidelines for accounting procedures and systems
Matters outside the accountant's remit
Privileged documents
Completion of checklist
Form of accountant's report
Firms with two or more places of business
Waivers
Overseas practice
Purpose of the overseas accounts provisions
Application and Interpretation
Interest
Accounts
Production of documents, information and explanations
Waivers
Transitional provisions
Transitional provisions
Authorisation and Practising Requirements
Practice Framework Rules
Introduction
Framework of practice
Solicitors
RELs
RFLs
In-house practice
Authorised bodies
Managers and employees authorised by another approved regulator
Managers and employees who are not lawyers
Rights of practice
Reserved work and immigration work
Practising certificates
Sole practitioners
Participation in legal practice
Persons who must be "qualified to supervise"
Formation and eligibility criteria for recognised bodies and licensed bodies
Eligibility criteria and fundamental requirements for recognised bodies
Eligibility criteria and fundamental requirements for licensed bodies
Formation, registered office and practising address
Composition of an authorised body
Authorised bodies which are companies
Information and documentation
Compliance with practice requirements
Compliance with practice requirements
Overseas practice
Waivers
Transitional provisions and grace period
Interpretation
Interpretation
Authorisation Rules
Interpretation and applications
Interpretation
Form, timing and fees for applications made under these rules
Application information and notification of any change following application
Authorisation applications and decision period
Applications for authorisation
Decision period
Determination of authorisation applications
Conditions of authorisation
Terms and conditions of authorisation
General conditions on authorisation
Further conditions
Modification of terms and conditions of an authorisation
Regulatory conflict
Waivers
Approval of managers, owners and compliance officers
Application for approval
Approval process
Criteria for approval
Effect of approval
Withdrawal of approval
Temporary emergency approvals for compliance officers
Notification, effect and duration of authorisation
Notification of decisions
Notifying third parties of decisions
Effect and validity of authorisation
Revocation and suspension of authorisation
Unforeseen temporary breach of certain conditions and eligibility criteria
Changes in partnerships
Change to the composition of a partnership
Temporary emergency authorisation
Special bodies, transitional provisions and passporting
Special kinds of licensable bodies
Commencement, transitional provisions and repeals
Transition of recognised bodies and sole practitioners
Reconsideration and appeals
Reconsideration
Appeals by legal services bodies
Appeals by licensable bodies
Appeals - general provisions
Register and certificate of authorisation
Name of an authorised body
The register of authorised bodies
Certificates of authorisation
Practising Regulations
Applications, conditions and appeals
General requirements for applications under these regulations
Applications for practising certificates and registration
Application following certain events
Application to be a recognised sole practitioner
Fee determinations for acquisitions, mergers and splits
Applications for reinstatement
Conditions
Appeals
Duration, expiry and revocation of practising certificates and registrations
Commencement, replacement and renewal dates
Expiry and revocation
The registers, practising certificates and certificates of registration
The register of holders of practising certificates
The register of European lawyers
The register of foreign lawyers
Practising certificates and certificates of registration
Information requirements, notifying third parties and review of decisions
Information requirements
Notifying third parties of decisions
Reconsideration
Interpretation
Interpretation
Transitional provisions
Recognised Bodies Regulations
Applications, conditions and appeals
Form, timing and fees for applications
Initial recognition and renewal of recognition
Fee determinations for acquisitions, mergers and splits
Duties in relation to compliance
Approval of an individual as suitable to be a manager
Conditions on recognition
Change in composition of a partnership and temporary emergency recognition following a partnership split
Notification of decisions by the SRA
Appeals
Duration of recognition, renewal date, revocation and expiry
Duration of recognition and renewal date
Revocation of recognition
Expiry of recognition
Name, the register and certificate of recognition
Name of a recognised body
The register of recognised bodies
Certificates of recognition
Interpretation, waivers, reconsideration and notifying third parties
Interpretation
Waivers
Reconsideration
Notifying third parties of decisions
Transitional provisions
Keeping of the Roll Regulations
The roll and information
The roll
Mode of keeping the roll
Content of the roll
Public access to information
Address for correspondence
Annual enquiry
Removal, restoration and change of name
Removal from the roll
Application for restoration to the roll
Application for change of name on the roll
Outstanding complaints
Disciplinary proceedings
Notice of intention to remove name
Letter of confirmation or notice of refusal
Forms, fees and appeals
Forms
Fees
Appeals
Interpretation and transitional arrangements
Interpretation
Transitional provision
Qualification Regulations
Introduction to the Training Regulations Part 1 - Qualification Regulations
Interpretation
Interpretation and definitions
Compliance with these regulations
The academic stage of training
Completion of the academic stage
Certificates of completion of the academic stage
Validity periods of certificates of completion of the academic stage
Eligibility to attempt a CPE
Exemption from a part or parts of a CPE
Attending a CPE
Compliance with regulations relating to a CPE
Transfer between CPE providers
Commencing the vocational stage of training
Student enrolment
Requirement to obtain certificates of enrolment
Applying for student enrolment
Validity of student enrolment
Refusal of student enrolment applications, and appeals
LPC
Completion of the LPC
Course requirements
The training contract
Purpose of the training contract
Types and terms of training contracts
Full-time training contract
Part-time training contract
Part-time study training contract
Registration of a training contract
Duties under the training contract
Absences from work during a training contract
Termination of a training contract
Conciliation procedure
Adequate training under a training contract
The PSC
Requirement to complete the PSC
The FILEX, MILEX and Justices' Clerks' Assistants routes
FILEX route
MILEX route
Justices' Clerks' Assistants route
Character and suitability of prospective solicitors
Misbehaviour of a prospective solicitor
Disclosure of character and suitability issues
Criminal Records Bureau disclosures
General
Waiver of regulations
Forms and fees
Admission as a solicitor
Training Provider Regulations
Introduction to the Training Regulations Part 2 - Training Provider Regulations
Interpretation
Interpretation and definitions
Authorisation to take trainee solicitors
Authorisation of training establishments
Training establishments
Application
Taking of trainees
Commencement, registration and termination of a training contract
Responsibilities of training establishments
Recognition of previous experience
Appointment of training principal
Induction of trainees
Training of trainee solicitors
Secondment of trainee solicitors
Modular training contracts
Absences from work of trainees
Monitoring of training contracts and SRA powers
Training principals
Responsibilities of training principals
Supervisors of trainees
Responsibilities of supervisors of trainees
PSC providers
Authorisation of PSC providers
Waiver, forms and fees
Waiver of regulations
Forms and fees
CPD Regulations
Introduction to the Training Regulations Part 3 - CPD Regulations
Interpretation
Interpretation and definitions
Application of these regulations
Basic requirement
Basic CPD requirement
Requirements for new solicitors/RELs
CPD requirement during the first three years of admission
CPD requirement during the first months after admission
CPD requirement during the first months after registration with the SRA pursuant to the Establishment Directive
Part-time employment
Activities
CPD activities
Requirements for solicitors who have been RELs
Records
Obligation to keep a CPD training record
Pre-qualification training
CPD undertaken before admission
Suspension of requirements
Suspension of CPD requirement
Returning to practice
CPD requirements upon return to full-time or part-time legal practice or employment following a suspension during the newly admitted or registered period
CPD requirements upon return to full-time legal practice or employment following a suspension at any time from the end of your first CPD year or onwards
CPD requirements upon return to part-time legal practice or employment following a suspension at any time from the end of your first CPD year or onwards
Applications and waivers
CPD questions on the practising certificate application form
Waivers of CPD monitoring requirements
Admission Regulations
Introduction to the Admission Regulations
Interpretation
Interpretation and definitions
Appeals
Appeals against our decisions on student enrolment and certificates of eligibility for overseas lawyers
Appeals against our decisions arising from character and suitability issues
Applications for admission
When you can make an application for admission
Form and fees
Our decisions
Admission following issue of certificate of satisfaction
Cause for preventing admission following issue of a certificate of satisfaction, and review of such a decision
Admission certificates
QLTS Regulations
Introduction to the Qualified Lawyers Transfer Scheme Regulations
Interpretation and eligibility
Interpretation and definitions
Eligibility
Assessments, recognised jurisdictions and qualified lawyers
QLTS assessments
Review of lists of recognised jurisdictions and qualified lawyers
Lawyers seeking admission under the Establishment Directive
Appeals, and suitability
Review of decisions on eligibility
Character and suitability of prospective solicitors
Forms, fees and admission
Forms and fees
Admission as a solicitor
Transition from previous regulations
Commencement and repeal
Transitional arrangements
HRA Regulations
Introduction to the Higher Rights of Audience Regulations
Interpretation
Interpretation and definitions
Rights, and qualification
Rights of audience
Qualifications to exercise extended rights of audience
Qualifying to exercise extended rights of audience
Rights from previous professional status
Qualification gained in another jurisdiction
Conversion provisions for barristers
Conversion provision for RELs
Assessments and ongoing training
Assessments
Continuing professional development
Applications, reviews and transitional arrangements
Applications and reviews
Transitional arrangements
Suitability Test
Introduction to the Suitability Test
Basic requirements
Criminal offences
Disclosure
Behaviour not compatible with that expected of a prospective solicitor or authorised role holder
Assessment offences
Financial evidence
Regulatory history
Evidence
Rehabilitation
Additional requirements to become authorised under the Authorisation Rules
All applicants must comply with Part 1
Additional requirements
Client Protection
Indemnity Insurance Rules
General
Authority and commencement
Citation
Definitions and interpretation
Responsibility and monitoring
Obligation to effect insurance
Responsibility
Insolvency of qualifying insurer
Monitoring
RELs
The ARP
Operation of the ARP
Applying to the ARP
Special measures
Time in the ARP
Firms in default
Eligibility of firms in default
Firms which fail to apply to the ARP
Arrangements in relation to uninsured firms
Disciplinary offences and reporting
Disciplinary consequences of failure to comply with these Rules
Use of information
Details of qualifying insurer
General powers of the Council
Waiver powers
Other obligations
Accountants' reports
Indemnity Enactment Rules
The enactment rules
Authority
Commencement and application
Transitional provisions
Indemnity Rules
General provisions and interpretation
Authority
Citation
Definitions and interpretation
Establishment and maintenance of fund
Indemnity Periods before 1 September 1987
Application of the Rules
Scope of indemnity
Indemnity cover
Indemnity
Exclusions from cover
Manner of indemnity
Source of indemnity
Maximum liability of the fund
Indemnity limit
Conditions
Arbitration
Contributions
Power to require contributions
Management and administration of the fund
Powers of the Society
Use of information
Waivers
Decisions by the Society
Maintenance and termination of the fund
Maintenance and termination of the fund
Compensation Fund Rules
General
Interpretation
The Fund
Maintenance of and contributions to the Fund
Grants and applications
Grants which may be made from the Fund
Grants in respect of persons in default of regulatory requirements
Grants to practitioners
Foreign lawyers
Losses outside the remit of the Fund
Undertakings
Multi-party and multi-profession issues
Applications: form and time limit
Documentation in support
Exhausting other remedies
Notice to defaulting practitioner
Costs
Interest
Maximum grant
Recovery and subrogation
Reduction in grants
Deduction from grants
Refusal of an application
Appeals
Notice of requirements
Waivers
Repeals, commencement and transitional provisions
Repeals and commencement
Transitional and savings provisions
Intervention Powers (Statutory Trust) Rules
General
Interpretation
Holding statutory trust monies
Proportionality
Identifying beneficial entitlements
Claims
Claimants to money
Verification of claims
Shortfall in statutory trust account
Distribution of beneficial entitlements
Residual balances
Miscellaneous
Commencement and application
Transitional provisions
Discipline and Costs Recovery
Disciplinary Procedure Rules
General
Interpretation
Scope
Disciplinary powers
Practice and Procedure
Investigations
Seeking explanations
Report stage
Decisions
Decisions: general
Decisions to impose a penalty
Decisions to disqualify, and to review a disqualification
Applications to the Tribunal
Appeals, Reviews and Reconsideration
Internal appeals
Appeals to the Tribunal and the appellate body
Reconsideration
Notification, Publication and Commencement
Notification of Disqualification decisions
Publication of decisions
Application and repeal
Transitional Provisions
Appendix 1
Appendix 2
Appendix 3
Cost of Investigations Regulations
General
Interpretation
Scope
Substantive provisions
Discipline investigations
Section 43 investigations
Decision to require payment of charges
Basis of charges
Recovery of charges
Repeals and transitional provisions
Repeals
Transitional Provisions
Appendix 1
Specialist Services
Property Selling Rules
Rules
Purpose
Application and interpretation
Standards of property selling services
Statement of agreement
Transactions in which you have a personal interest
Waivers
Financial Services (Scope) Rules
Rules
Purpose
Application
Prohibited activities
Basic conditions
Other restrictions
Effect of a breach of these rules
Repeal, commencement and transitional provisions
Repeal, commencement and transitional provisions
Interpretation
Financial Services (Conduct of Business) Rules
Rules
Purpose
Application
Status disclosure
Execution of transactions
Records of transactions
Record of commissions
Safekeeping of clients' investments
Packaged products - execution-only business
Insurance mediation activities
Retention of records
Waivers
Commencement
Interpretation
Appendix
European Cross-border Practice Rules
General
Purpose
Application
Substantive provisions
Occupations considered incompatible with legal practice
Fee sharing with non-lawyers
Co-operation between lawyers of different CCBE states
Correspondence between lawyers in different CCBE states
Paying referral fees to non-lawyers
Disputes between lawyers in different member state
Fee of lawyers of other CCBE states
Interpretation and transitional provisions
Interpretation
Transitional Provisions
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