RF1 notes – Part G

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G. Solicitors' section 12 applications, RELs' special circumstances and continuing professional development (CPD)

7.1 Application being made under section 12(1) of the Solicitors Act 1974

This section contains information about any solicitor to whom section 12(1) of the Solicitors Act 1974 applies, according to our records. Please check that the pre-printed information is correct and make any changes necessary.

If a solicitor is subject to section 12, he/she also needs to complete a form RFs12. Until we have received and considered the RFs12 application, a practising certificate will not be granted.

Section 12(1) of the Solicitors Act 1974 applies to all newly admitted solicitors. You do not need to give notice of intention to apply for a practising certificate (RFs12) if

you are applying for a practising certificate within the first year of being admitted, and
section 12(1)(a) is the only paragraph that applies to you.

If any of the other paragraphs in section 12(1) apply to you, i.e. paragraphs (b) to (l), you are required to complete the RFs12 form.

If a solicitor has not already received form RFs12, contact us immediately. If you are subject to Section 12, we require six weeks' notice of intention to apply for a practising certificate.

7.2 Notice that section 12(1) of the Solicitors Act 1974 applies

You should give details in this section of any solicitor to whom section 12(1) applies, if these details are not pre-printed on the form. Firms should check with solicitors if section 12(1) applies to them before filling this in. For example, a solicitor may

have an outstanding money judgement against him/her, or
have entered into a composition with his/her creditors.

If you are providing details of a solicitor who has become subject to section 12(1) for the first time, you must tell us about any matters listed in section 12(1). These solicitors should contact us to obtain the RFs12 form, or they can download the RFs12 form (PDF 174K). When completed, the RFs12 form should be returned to

Operations Unit
Solicitors Regulation Authority
Ipsley Court
Berrington Close
Redditch
B98 0TD
or DX 19114 Redditch

7.3 RELs applying for renewal of registration under special circumstances

This section contains pre-printed information about RELs who, according to our records, are subject to circumstances equivalent to those for a solicitor under section 12(1) of the Solicitors Act 1974. Please provide full details of any additional RELs in your organisation who are subject to these circumstances. For example, a REL may

have an outstanding money judgement against him/her, or
have entered into a composition with his/her creditors.

If you are providing details of a REL for the first time, you must tell us about any matters listed in equivalent circumstances below.

Upon an application for registration or for a renewal of registration, circumstances in which we will consider whether or not to impose a condition on the registration are as follows:

The applicant's authorisation in his/her home jurisdiction is subject to a condition or restriction.
The applicant is applying for initial registration with the SRA as a European lawyer, he/she is an RFL and his/her registration as a foreign lawyer is subject to a condition or conditions.
The applicant is, or has been, registered as a European lawyer with any other competent authority in the United Kingdom and his/her registration with that other authority is, or at the time that registration ceased was, subject to a condition or conditions.
The applicant's registration with the SRA as a European lawyer has not been free of conditions since the date of his/her initial registration.
The applicant is applying for initial registration with the SRA, he/she has previously been registered with the SRA as a European lawyer, and, on the date of his application, a period of 12 months or more has elapsed since his previous registration ceased.
The Solicitors Disciplinary Tribunal (SDT), or an equivalent disciplinary authority in the applicant's home jurisdiction, has ordered a penalty or costs to be paid by him/her or that he/she be reprimanded.
The applicant, whether as a REL or as a RFL, has been invited by the SRA to give an explanation in respect of any matter relating to his/her conduct, has failed to give an explanation in respect of that matter which the Council regard as sufficient and satisfactory and has been notified in writing by the SRA when he/she has so failed.
The applicant has been invited by his/her home bar authority to give an explanation in respect of any matter relating to his/her conduct, has failed to give an explanation in respect of the matter which that bar authority regard as sufficient and satisfactory, and has been notified in writing by that bar authority when he/she has failed to do so.
The applicant, having been required by paragraph 8(1) of Schedule 14 to the Courts and Legal Services Act 1990 (whether as a registered European lawyer or as a registered foreign lawyer) to deliver an accountant's report to the SRA, has not delivered that report within the period allowed by section 34(2) of the Solicitors Act 1974.
The applicant has been suspended from practise by the court, or by the SDT, or by an equivalent disciplinary authority in his/her home jurisdiction, and all such periods of suspension have expired.
The applicant has previously been struck off the SRA's register of European lawyers by the court or by the SDT.
The applicant is an undischarged bankrupt in any part of the United Kingdom or holds the legal status in his/her home jurisdiction which is the equivalent in that jurisdiction to undischarged bankruptcy.
The applicant, having been adjudged bankrupt in any part of the United Kingdom, has been discharged, or, having held the equivalent legal status in his/her home jurisdiction to bankruptcy, he/she has secured the removal of that status.
The applicant has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors in any part of the United Kingdom, or has entered into equivalent legal arrangements in his home jurisdiction under the law relating to insolvency of that jurisdiction.

7.4 Continuing professional development (CPD)

This section should contain details of any solicitors and RELs who have not met their CPD requirement for any complete CPD period up to 31 October 2007.

The CPD year runs from 1 November to 31 October. The question on the form refers to the completed CPD period up to 31 October 2007.

The CPD requirements are as follows:

Newly admitted solicitors and RELs: 1 hour for each complete month worked from the date of admission or registration to 31 October
(Solicitors admitted on 1 November go straight into their first CPD year.)
All other solicitors and RELs: 16 hours per one-year period

All solicitors admitted to the roll and RELs must comply with the requirement of the CPD scheme.

If you have not been in legal practice or employment for a period of time and chose to suspend the CPD requirements, and/or you are unsure of your current requirements or how you should answer this question, contact us.

For full guidance on CPD requirements, visit www.cpd.sra.org.uk.