SRA launches consultation on use of new powers to fine, rebuke
2 December 2008
The SRA is preparing to implement new powers provided by the Legal Services Act.
Under these, the SRA will be able to impose a written rebuke and/or a fine of up to £2,000 where there has been professional misconduct or a breach of regulatory obligations. Details of the rebuke or fine may be published in the public interest.
The SRA is now consulting on the draft rules it is required to make to set out the way these new powers will be used.
Chief Executive Antony Townsend said: "These new powers will provide a valuable addition to our existing powers. In many cases, a published rebuke or fine may be the most effective and quickest way of ensuring public protection, while avoiding the cost, time and stress of a formal tribunal hearing. This will provide us with a proportionate way of dealing with less-serious misconduct.
"We have drafted the rules to make the disciplinary process more transparent. The draft rules cover the conditions that must be met when we use the powers to fine or rebuke, the circumstances in which the SRA may decide to publish details of a fine or rebuke, who can make decisions, and an internal appeals procedure.
"We've used this opportunity to set out clear processes and procedures for some of our existing powers, such as referrals to the Solicitors Disciplinary Tribunal. This will help members of the public and solicitors understand processes which in the past have been opaque."
To take part in the consultation, visit www.sra.org.uk/consultations. The closing date is 23 February 2009.
Notes to editors
- The new powers are set out in section 44D of the Solicitors Act 1974, which was introduced by the Legal Services Act 2007.
- The rules will be the SRA (Disciplinary Procedure) Rules. These are planned to be introduced soon after 1 March 2009.