Change tracker - Code of Content
[;BEGIN MATTER INSERTED ON 6 OCTOBER 2011;] The Solicitors' Training Regulations have been replaced on the 6 October 2011 by the SRA Training Regulations 2011 Part 1 - Qualification Regulations and SRA Training Regulations 2011 Part 2 - Training Provider Regulations as part of the introduction of outcomes-focused regulation. [;END INSERTED MATTER;]
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[;BEGIN MATTER INSERTED ON 1 SEPTEMBER 2010 TO REFLECT AMENDMENTS INTRODUCED BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] The Training Regulations 2009 were amended on 1 September 2010 to reflect changes introduced by the SRA Qualified Lawyers Transfer Scheme Regulations 2010. [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The Training Regulations 1990 were replaced by the Solicitors' Training Regulations 2009 on 1 July 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. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Solicitors' [;END INSERTED MATTER;] Training Regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1990 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 2009 [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Made on the 12th day of July 1990 as amended on the 31st day of January 1991, the 9th day of July 1992, the 18th day of March 1993, the 10th day of June 1993, the 7th day of October 1993, the 27th day of January 1994, the 10th day of October 1994, the 10th day of November 1994, the 5th day of June 1997, the 21st day of October 1999 and the 23rd day of June 2000 and the 9th day of November 2000 by the Council of the Law Society under Sections 2 and 80 of the Solicitors Act 1974, with the approval of the Lord Chancellor and each of the designated judges. [;END DELETED MATTER;]
PART I - INTRODUCTORY
1. [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Title and [;END DELETED MATTER;] Commencement [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and repeal [;END INSERTED MATTER;]
- (1)
These regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
may be cited as the Training Regulations 1990 and shall[;END DELETED MATTER;] come into force on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]such date or dates as the Council may determine[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1 July 2009 [;END INSERTED MATTER;] . - (2)
The Training Regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
1989, save as provided in the Schedule,[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1990 [;END INSERTED MATTER;] shall cease to have effect on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]such date or dates as the Council may determine[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] that date [;END INSERTED MATTER;] . - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(3)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
The Post Admission Training Regulations 1991 shall cease to have effect on such date as the Council may determine, on which date Part VI of these Regulations shall come into force.[;END DELETED MATTER;]
2. Interpretation and definitions
- (1)
The Interpretation Act 1978 applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
- (2)
Words and phrases not expressly defined in these regulations, unless the context otherwise requires, bear the same meaning as they bear in the Solicitors Act 1974.
- (3)
In these regulations:
- "academic stage of training" means that stage of the training of an entrant to the solicitors' profession which is completed by satisfying [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 7[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 6 [;END INSERTED MATTER;] ; - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"the CPE Board" means the Common Professional Examination Board set up pursuant to resolutions passed by the Society and by the Council of the Inns of Court;[;END DELETED MATTER;] - "Common Professional Examination Course" means a course, including assessments and examinations, approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
CPE Board[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] JASB [;END INSERTED MATTER;] for the purposes of completing the academic stage of training; - "continuing professional development" means a course, lecture, seminar or other programme or method of study (whether requiring attendance or not) that is relevant to the needs and professional standards of solicitors and complies with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA; [;END INSERTED MATTER;] - "Diploma in Law" means a [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] graduate [;END INSERTED MATTER;] diploma [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] in law [;END INSERTED MATTER;] or second degree awarded by:
- (i)
a university in the United Kingdom or the Republic of Ireland;
- (ii)
an institution in England or Wales empowered by the Privy Council to award degrees;
- (iii)
a polytechnic or college authorised to award the degrees of the Council of National Academic Awards before its dissolution on 31 March 1993;
- (iv)
the College of Law;
- (v)
an overseas university or college approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ;
being of such standard as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines and following a course of study which is acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and which includes:- (a)
the study of the Foundations of Legal Knowledge; and
- (b)
the passing of appropriate [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
assessments[;END DELETED MATTER;] set in those foundations;
- (a)
- (i)
- "Exempting Law Degree" means a qualifying law degree incorporating a Legal Practice Course;
- "FILEX" means a Fellow of the Institute of Legal Executives;
- "Foundations of Legal Knowledge" means those foundations of law the study of which is prescribed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Council of Legal Education[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Bar Standards Board [;END INSERTED MATTER;] for the purpose of completing the Academic Stage of Training by undertaking a Common Professional Examination Course [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or Qualifying Law Degree [;END INSERTED MATTER;] and passing the assessments and examinations set during that course; - "Integrated Course" means a course of such standard as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines and approves incorporating study of the Foundations of Legal Knowledge and a Legal Practice Course; - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "the JASB" means the Joint Academic Standards Board set up pursuant to resolutions passed by the SRA Board and by the Bar Standards Board; [;END INSERTED MATTER;]
- "Justices' Clerk's Assistant" bears the meaning contained in the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Justices' Clerks (Qualifications of Assistants) Rules 1979 (as amended)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Assistants to Justices' Clerks Regulations 2006 [;END INSERTED MATTER;] ; - "Legal Practice Course" means a course the satisfactory completion of which is recognised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as satisfying in part the vocational stage of training; - "Professional Skills Course" means a course the satisfactory completion of which is recognised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as satisfying in part the vocational stage of training; - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Qualified Lawyers Transfer Regulations" means the Qualified Lawyers Transfer Regulations made from time to time by the Council of the Society;[;END DELETED MATTER;] - "qualifying employment" means employment, after attaining the age of 18 years, on legal duties under the supervision of a solicitor;
- "qualifying law degree" means:
- (i)
a degree awarded by a university in the United Kingdom or the Republic of Ireland;
- (ii)
a degree awarded by an institution in England or Wales empowered by the Privy Council to award degrees;
- (iii)
a degree conferred by the Council for National Academic Awards before its dissolution on 31 March 1993; and
- (iv)
a Licence in Law conferred by the former University College of Buckingham before the College was granted university status;
being of such a standard as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines following a course of study which is acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] with regard to the provision of adequate learning resources and which includes:- (a)
the study of the Foundations of Legal Knowledge; and
- (b)
the passing of appropriate assessments set in those foundations; or
- (a)
- (v) such other degree or qualification as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers the equivalent of the qualifications listed above;
- (i)
- "part-time study contract" means a written contract between a training establishment and a trainee solicitor who follows a [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
CPE[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Common Professional Examination [;END INSERTED MATTER;] Course, Legal Practice Course, Integrated Course, or a course leading to a Qualifying Law Degree, Exempting Law Degree, or Diploma in Law on a part-time basis and references to "training contract" in these regulations shall include part-time study contract; - "registered European lawyer" means a lawyer registered with the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] pursuant to EC Directive 98/5/EC; - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]"Society" means the Law Society;[;END DELETED MATTER;] - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "SRA" means the Solicitors Regulation Authority; [;END INSERTED MATTER;]
- "trainee solicitor" means any person receiving training under a training contract;
- "training contract" means a written contract between one or more training establishments and a trainee solicitor which complies with these regulations;
- "training establishment" means a body, firm, company or individual authorised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to take a trainee solicitor; - "training principal" means any solicitor who:
- (i)
holds a current practising certificate;
- (ii)
has held immediately prior to a current practising certificate four consecutive practising certificates;
- (iii)
is nominated by a training establishment as such;
- (iv)
is a partner or has equivalent status;
- (v)
has undertaken such training as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may prescribe;
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and [;END INSERTED MATTER;] for the purposes of (ii) above a solicitor who has been a registered European lawyer for a continuous period before his admission as a solicitor can use each complete year of registration as the equivalent of having held one practising certificate.
- (i)
- "vocational stage of training" means that stage of the training of an entrant to the solicitors' profession which is completed by:
- (i)
- (a)
satisfactory completion of a Legal Practice Course, or
- (b)
obtaining an Exempting Law Degree, or
- (c)
satisfactory completion of an Integrated Course, and
- (a)
- (ii)
subject to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 30 and 31[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 29 and 29 [;END INSERTED MATTER;] serving under a training contract as prescribed in Part IV of these regulations, and - (iii)
satisfactory completion of a Professional Skills Course and such other course or courses as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe.
- (i)
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 3. Marginal notes [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The marginal notes do not form part of these regulations. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 4. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 3. [;END INSERTED MATTER;] Compliance with [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] these [;END INSERTED MATTER;] regulations
Subject to the Qualified Lawyers Transfer Regulations [;BEGIN MATTER INSERTED ON 1 SEPTEMBER 2010 TO REFLECT AMENDMENTS INTRODUCED BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] and the Qualified Lawyers Transfer Scheme Regulations[;END INSERTED MATTER;], an applicant for admission as a solicitor must have satisfactorily completed the academic and the vocational stages of training and otherwise have complied with these regulations.
PART II - ENROLMENT
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 5. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 4. [;END INSERTED MATTER;] Requirement to obtain certificates of enrolment
No person may:
- (i)
proceed beyond the first year of a course leading to an Exempting Law Degree; or
- (ii)
attend a Legal Practice Course; or
- (iii)
attend an Integrated Course; or
- (iv)
serve under a training contract;
without holding a current certificate of enrolment.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 6. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 5. [;END INSERTED MATTER;] Application for enrolment
- (1)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall issue a certificate of enrolment only if it is satisfied- (i)
as to the applicant's character and suitability to become a solicitor; and
- (ii)
that the applicant has a good knowledge of spoken and written English.
- (i)
- (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require the applicant to attend before [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]a committee or panel[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] an adjudicator, adjudication panel or committee as [;END INSERTED MATTER;] appointed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - (3)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may refuse to issue a certificate of enrolment and must notify an applicant in writing giving reasons for the decision. - (4)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] refuses to issue a certificate of enrolment the applicant may [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]:- (i)[;END DELETED MATTER;] within one month of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision ask for the application to be reviewed [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]; and (ii)[;END DELETED MATTER;] . - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (5) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] An applicant whose application has been refused under paragraph (1)(i) has the right under regulation 4 of the Solicitors' Admission Regulations to appeal to the High Court [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] on a review [;END INSERTED MATTER;] under paragraph (4) [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;](i) apply to the Master of the Rolls who may:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
affirm the decision of the Society; or[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
direct the Society to issue a Certificate of Enrolment to the applicant.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(5)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (6) [;END INSERTED MATTER;]The applicant may make [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
not more than[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] up to [;END INSERTED MATTER;] three further applications for enrolment [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]at[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] after [;END INSERTED MATTER;] intervals of not less than 12 months [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]of the Society's refusal under paragraph (3)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] from the final determination of the applicant's previous application [;END INSERTED MATTER;] . - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(6)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (7) [;END INSERTED MATTER;]- (i)
A first certificate of enrolment is valid for a period not exceeding 24 months as specified in the certificate.
- (ii)
Any other certificate of enrolment is valid for 12 months from the date of issue.
- (iii)
Notwithstanding (i) and (ii) a certificate of enrolment which is in force when the holder commences a training contract shall remain valid for the duration of that training contract.
- (i)
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(7)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (8) [;END INSERTED MATTER;]Unless otherwise expressed, any reference in these regulations to a certificate of enrolment refers to a certificate issued pursuant to this regulation.
PART III - THE ACADEMIC STAGE OF TRAINING
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 7. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 6. [;END INSERTED MATTER;] Completion of the academic stage
- (1)
A person satisfies the academic stage of training by:
- (i)
graduating with an Exempting Law Degree; or
- (ii)
graduating with a qualifying law degree; or
- (iii)
passing a Common Professional Examination; or
- (iv)
gaining a Diploma in Law; or
- (v)
satisfactorily completing an Integrated Course.
- (i)
- (2)
In exceptional circumstances, [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
notified to and accepted as such by the Master of the Rolls, the Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the SRA [;END INSERTED MATTER;] may accept such other evidence of academic ability as it thinks fit as equivalent to satisfaction of the academic stage of training for the purposes of paragraph (1) in the case of a person who completes a course of study for one of the qualifications referred to in paragraph (1). - (3)
Before proceeding to the vocational stage of training a person seeking to establish that the academic stage of training has been satisfied by virtue of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
paragraphs[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph [;END INSERTED MATTER;] (1)(ii), (iii) or (iv) must obtain from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] within the prescribed time limit a certificate to that effect. - (4)
Before entering into a training contract a person seeking to establish that the academic stage of training has been satisfied by virtue of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
paragraphs[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph [;END INSERTED MATTER;] (1)(i) or (v) must obtain from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] within the prescribed time limit a certificate to that effect.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 8. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 7. [;END INSERTED MATTER;] Certificates of completion of the academic stage
- (1)
A person within [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 7(1)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 6(1) [;END INSERTED MATTER;] must apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] for a certificate and lodge such evidence as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require. - (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] will not grant a certificate on an application made later than seven years after the 1st October in the year in which the applicant obtained the degree or diploma, passed a Common Professional Examination, or satisfactorily completed an Integrated Course unless satisfied that:- (i)
special reasons exist for granting the certificate; and
- (ii)
the applicant has complied with such requirements as to courses of study, written tests or otherwise as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may have imposed as a condition of granting the certificate.
- (i)
- (3)
Subject to paragraph (2), if the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that an applicant holds an Exempting Law Degree, a qualifying law degree, a Diploma in Law or has passed a Common Professional Examination, or satisfactorily completed an Integrated Course it must issue a certificate that the applicant has completed the academic stage of training. - (4)
A certificate remains in force for seven years after the 1st October in the year in which the applicant obtained the degree or diploma or passed a Common Professional Examination or satisfactorily completed an Integrated Course or for two years from the date of the certificate, whichever is the later.
- (5)
If an application for a certificate in respect of a degree or diploma is refused, the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may accept the applicant's degree or diploma as entitling the applicant to take a Common Professional Examination under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Regulations 10 and 12[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 9 and 11 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 9. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 8. [;END INSERTED MATTER;] Definitions for the purposes of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 10 to 14 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 9 to 12 [;END INSERTED MATTER;]
For the purposes of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 10 to 13 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 9 to 12 [;END INSERTED MATTER;] "eligible student" means a student eligible to attend a Common Professional Examination Course in the categories (i) to (vii) contained in [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 10 (1) or Regulation 10 (2) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 9(1) or under regulation 9(2) [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 10. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 9. [;END INSERTED MATTER;] Eligibility to attempt a Common Professional Examination
- (1)
To be an eligible student a person must:
- (i)
hold a degree (other than an honorary degree) conferred by an institution in England or Wales empowered by the Privy Council to award degrees or by a university in the United Kingdom or the Republic of Ireland or by the Council for National Academic Awards before its dissolution on 31 March 1993 or a licence awarded by the University College of Buckingham before that college was granted university status; or
- (ii)
hold a degree (other than an honorary degree) conferred by a university outside the United Kingdom and the Republic of Ireland which the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers to be of a standard at least equivalent to that of a degree conferred by a university in the United Kingdom; or - (iii)
be accepted by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] for admission as a mature student; the applicant for such acceptance must:- (a)
have had considerable experience or shown exceptional ability in an academic, professional, business or administrative field;
- (b)
have attained the age of 25 years;
- (c)
have attained such standard of general education as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may consider sufficient; - (d)
have satisfied the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as to character and suitability to become a solicitor; and - (e)
have a good knowledge of written and spoken English; or
- (a)
- (iv)
be a FILEX; or
- (v)
be a Member of the Institute of Legal Executives who has 3 years qualifying employment; or
- (vi)
have attained the age of 25 years and hold such qualification in Magisterial Law awarded after successful completion of a relevant course as shall from time to time be recognised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ; or - (vii)
have attained such academic and vocational qualifications as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers to be equivalent to a first degree under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]paragraph (i)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] sub-paragraph (i) [;END INSERTED MATTER;] .
- (i)
- (2)
In exceptional circumstances [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
notified to and accepted as such by the Master of the Rolls the Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the SRA [;END INSERTED MATTER;] may accept such other evidence of academic eligibility as it thinks fit in the case of a person who completes a course of study for a degree at an institution referred to in [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]paragraphs (i) and (ii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph (1)(i) or (ii) [;END INSERTED MATTER;] . - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (3) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] An applicant whose application has been refused under paragraph (1)(iii)(d) has the right under regulation 4 of the Solicitors' Admission Regulations to appeal to the High Court within three months of receiving notification of the SRA's decision. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 11. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 10. [;END INSERTED MATTER;] Exemption from a part of a Common Professional Examinations
- (1)
A student may apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] for an exemption from any of the Foundations of Legal Knowledge or the other area of legal study in a Common Professional Examination Course. - (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may grant exemption if it is satisfied that a student has passed any assessments and examinations in any of the Foundations of Legal Knowledge or other area of legal study approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as being substantially equivalent to any of the Foundations of Legal Knowledge or the one other area of legal study in a Common Professional Examination Course from which the student seeks exemption. - (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that a student is entitled to be granted exemption from any of the Foundations of Legal Knowledge or the one other area of legal study in a Common Professional Examination Course, it may issue a Certificate of Exemption stating any Foundation or Foundations of Legal Knowledge and the one other area of legal study which a student must pass in order to complete a Common Professional Examination Course.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 12. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 11. [;END INSERTED MATTER;] Attending a Common Professional Examination Course
Only a person who has satisfied an institution approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] CPE Board [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] JASB [;END INSERTED MATTER;] to offer a Common Professional Examination Course that his qualifications are within the categories (i) to (vii) contained in [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 10 (1) or in Regulation 10 (2) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 9(1) or within regulation 9(2) [;END INSERTED MATTER;] may attend the Common Professional Examination Course at the institution.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 13. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 12. [;END INSERTED MATTER;] Compliance with Regulations relating to a Common Professional Examination
An eligible student attending a Common Professional Examination Course must comply with any rules or regulations approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] CPE Board [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] JASB [;END INSERTED MATTER;] and for the time being in force of the institution providing the course.
PART IV - THE VOCATIONAL STAGE OF TRAINING
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 14. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 13. [;END INSERTED MATTER;] Completion of the vocational stage of training
- (1)
No person can be admitted as a solicitor unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that such a person has completed the vocational stage of training. - (2)
A person, other than a person following an Exempting Law Degree, may not commence the vocational stage before satisfactorily completing the academic stage of training.
- (3)
The vocational stage of training is completed by:
- (i)
- (a)
satisfactory completion of a Legal Practice Course, or
- (b)
satisfactory completion of an Integrated Course, or
- (c)
obtaining an exempting law degree,
followed by
- (a)
- (ii)
serving under a training contract, during which
- (iii)
the Professional Skills Course and such other course or courses as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe must be undertaken and satisfactorily completed.
- (i)
- (4)
"Satisfactory completion" shall be construed in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 15. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 14. [;END INSERTED MATTER;] Employment of trainee solicitors
Only a training establishment may take a trainee solicitor.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 16. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 15. [;END INSERTED MATTER;] Provision of training
Every training establishment must provide training in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 17. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 16. [;END INSERTED MATTER;] Authorisation of training establishments
The [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may:
- (i)
declare any body, firm, company or individual a training establishment subject to any conditions and for such period as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers appropriate; - (ii)
vary or discharge any condition;
- (iii)
refuse to declare any body, firm, company or individual a training establishment;
- (iv)
declare that a training establishment ceases to be such.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 18. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 17. [;END INSERTED MATTER;] Review of decisions
- (1)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] :- (i)
refuses to declare a body, firm, company or individual a training establishment;
- (ii)
declares a body, firm, company or individual a training establishment subject to conditions, or varies any condition;
the body, firm, company or individual may apply for review of the decision within one month of receiving notification of it.
- (i)
- (2)
Pending the hearing of an application for review under paragraph (1), any variation of a condition the subject of review stands suspended.
- (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] declares that a training establishment ceases to be such, then, notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Regulation 15[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 14 [;END INSERTED MATTER;] the body, firm, company or individual may apply for review of the decision within one month of receiving notification of it and pending the hearing of an application for review may continue to provide training to any trainee solicitor who has entered into a training contract at the date of the decision of the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] but may not provide training to any other person. - (4)
An application for review made under this regulation shall be heard by such body or committee as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine, not being the body or committee which made the decision the subject of review.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 19. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 18. [;END INSERTED MATTER;] Training principal
- (1)
Every training establishment must appoint a training principal and must notify the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of the name of such person and if a different person is appointed training principal. - (2)
A training principal must undertake to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to comply with the Training [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Code[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Requirements [;END INSERTED MATTER;] issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 20. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 19. [;END INSERTED MATTER;] Offering training
Before a training establishment enters into a training contract with any person it must set out in a letter of offer to that person such information as to the terms and conditions to be included in the training contract as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 21. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 20. [;END INSERTED MATTER;] Term of the training contract
- (1)
Subject to paragraphs (2), (3) and (4) the term of a training contract is two years.
- (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may permit a person to serve under a training contract for a period not exceeding four years and to be employed part-time provided that:- (i)
the total period of service is no less than would be served by a person in full-time employment and receiving training under a two year training contract; and
- (ii)
the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that adequate training can be given.
- (i)
- (3)
Not withstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 14[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13 [;END INSERTED MATTER;] a person who follows a course leading to completion of the academic stage of training or the legal practice course on a part-time study basis may enter into a training contract in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - (4)
A training principal may in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] , determine that time worked prior to entering into a training contract is equivalent to a period of service under a training contract.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 22. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 21. [;END INSERTED MATTER;] Content of the training contract
A training contract must be in such form and contain such terms and conditions as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 23. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 22. [;END INSERTED MATTER;] Registration of a training contract
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (1) [;END INSERTED MATTER;]A training contract must be executed and registered in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (2) [;END INSERTED MATTER;]The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may not register a training contract which provides for payment of a salary less than that prescribed from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . There may be allowed against such prescribed salary the cash value of any benefits in kind from time to time approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 24. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 23. [;END INSERTED MATTER;] Absence during a training contract
A trainee solicitor may reckon as good service under a training contract such periods of absence:
- (i)
as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may allow; or - (ii)
as may be necessary for the trainee solicitor to attend a Professional Skills Course.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 25. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 24. [;END INSERTED MATTER;] Termination of a training contract
- (1)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that any training contract ought to be terminated it may order its termination on such terms as it may determine. - (2)
A training contract may be terminated by mutual agreement of the parties.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 26. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 25. [;END INSERTED MATTER;] Monitoring
- (1)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may monitor the training provided by a training establishment in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - (2)
Monitoring may be undertaken through visits to the premises of training establishments.
- (3)
If:
- (i)
A training establishment, solicitor or trainee solicitor is in default of any of the requirements of these regulations; or
- (ii)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is not satisfied either that a trainee solicitor is receiving or has received adequate training or that the training establishment can give the trainee solicitor adequate training the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may exercise such of the following powers as it considers appropriate:- (a)
declare that a training establishment ceases to be such;
- (b)
prohibit a training establishment from taking any or more than a specified number of trainee solicitors for such period as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine or until otherwise determined by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ; - (c)
impose any other conditions upon the training establishment which it considers appropriate;
- (d)
terminate the training contract on such terms as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine; - (e)
direct that all or any part of the period served by the trainee solicitor shall not be reckoned as good service under a training contract;
- (f)
direct that a trainee solicitor shall serve such further period under a training contract or receive such further training for such further period and in such form as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall require; - (g)
direct that a training principal undertake such training as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall require; - (h)
take such other action as it may consider necessary or appropriate.
- (a)
- (i)
- (4)
Any training establishment or trainee solicitor who is aggrieved by any decision made under paragraph (3) may apply for review of it in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 18[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 17 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 27. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 26. [;END INSERTED MATTER;] Conciliation procedure
- (1)
If a training establishment or a trainee solicitor is in dispute with regard to any matter arising from the trainee solicitor's service under a training contract, either party may refer the matter to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] which shall endeavour to resolve the dispute. - (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may appoint any person to act as conciliator in respect of a dispute between a training establishment and a trainee solicitor. - (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is unable to resolve a dispute between a training establishment and a trainee solicitor and it is satisfied that the training contract ought to be terminated it may order its termination on such terms as it may determine. - (4)
Any training establishment or trainee solicitor who is aggrieved by any decision made under paragraph (3) may apply for review of it in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 18[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 17 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 28. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 27. [;END INSERTED MATTER;] Adequate training under a training contract
- (1)
No person required to serve under a training contract can be admitted as a solicitor until the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] has certified that it is satisfied that such person has received adequate training in accordance with the terms of a training contract. - (2)
A person seeking to establish that adequate training has been received must apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] or a certificate to that effect and must submit such documentation as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require. - (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that a person has received adequate training under a training contract it must issue a completion certificate. - (4)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is not satisfied that a person has received adequate training it may refuse to issue a completion certificate until that person has satisfactorily completed such further training as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may direct.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 29. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 28. [;END INSERTED MATTER;] FILEX not required to serve under a training contract
- (1)
Notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 14[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13 [;END INSERTED MATTER;] a FILEX who has satisfied the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of completion of the academic stage of training is not required to serve under a training contract if the applicant:- (i)
has satisfactorily completed a Legal Practice Course or an Integrated Course, and
- (ii)
either
- (a)
before attending that course has been continuously engaged as a FILEX in the practice of the law since qualifying as a FILEX; or
- (b)
satisfies the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] that, although the requirements of sub-paragraph (a) are not met, the applicant has experience in the practice of the law since qualifying as a FILEX that is sufficiently recent to justify the applicant not being required to serve under a training contract; and
- (a)
- (iii)
has satisfactorily completed a Professional Skills Course.
- (i)
- (2)
- (i)
A Member of the Institute of Legal Executives who has 3 years qualifying employment and who has satisfactorily completed all the Part II Examinations of the Institute of Legal Executives which give exemption from the Common Professional Examination may commence a Legal Practice Course on either a full-time or part-time basis.
- (ii)
A Member of the Institute of Legal Executives who completes the Legal Practice Course under the provision of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 30(2)(i)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] sub-paragraph (i) [;END INSERTED MATTER;] must serve a 2 year training contract.
- (i)
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 30. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 29. [;END INSERTED MATTER;] Justices' Clerks' Assistants not required to serve under a training contract
Notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 14 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13 [;END INSERTED MATTER;] a person who is employed as a Justices' Clerk's Assistant and who has satisfied the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of completion of the academic stage of training is not required to serve under a training contract provided that the applicant:
- (i)
has satisfactorily completed a Legal Practice Course or an Integrated Course; and
- (ii)
before attending that course has served at least five years out of the last ten years in the Magistrates' Courts Service as a Justices' Clerk's Assistant; and
- (iii)
has satisfactorily completed a Professional Skills Course.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 30. [;END INSERTED MATTER;] Professional skills course
- (1)
Subject to the Qualified Lawyers Transfer Regulations [;BEGIN MATTER INSERTED ON 1 SEPTEMBER 2010 TO REFLECT AMENDMENTS INTRODUCED BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] and the Qualified Lawyers Transfer Scheme Regulations[;END INSERTED MATTER;], no person can be admitted as a solicitor unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that such person has satisfactorily completed a Professional Skills Course. - (2)
Only a person who has satisfactorily completed a Legal Practice Course or an Integrated Course may attend a Professional Skills Course.
PART V - MISBEHAVIOUR
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 32. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31. [;END INSERTED MATTER;] Misbehaviour of a prospective solicitor
- (1)
"An unadmitted person" means a person who
- (i)
holds a current certificate of enrolment; or
- (ii)
has completed the vocational stage of training in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 14[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13[;END INSERTED MATTER;] and does not hold a current certificate of enrolment but who has not been admitted as a solicitor.
- (i)
- (2)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] at any time is not satisfied as to the character and suitability of an unadmitted person to become a solicitor it may in relation to that person on such terms as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine- (i)
cancel enrolment;
- (ii)
prohibit entry into a training contract;
- (iii)
refuse to register a training contract;
- (iv)
discharge a training contract;
- (v)
prohibit attendance at a Legal Practice Course or an Integrated Course or at a course leading to an Exempting Law Degree;
- (vi)
prohibit attendance at a Professional Skills Course [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
;[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(vii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
oppose admission as a solicitor.. [;END DELETED MATTER;]
- (i)
- (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] imposes a prohibition or other sanction under paragraph (2) the unadmitted person may [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]:- (i)[;END DELETED MATTER;] within one month of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision, ask for the matter to be reviewed [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]; and[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] . [;END INSERTED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (4) [;END INSERTED MATTER;][;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person has the right under regulation 5 of the Solicitors' Admission Regulations to appeal to the High Court [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]an application for[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] a [;END INSERTED MATTER;] review under paragraph (3) [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;](i), apply to the Master of the Rolls who may:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
affirm the decision of the Society; or[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
make such other order as the Master of the Rolls thinks fit;.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (5) [;END INSERTED MATTER;][;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person may [;END INSERTED MATTER;] make [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
not more than[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] up to [;END INSERTED MATTER;] three applications to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to remove the prohibition or other sanction [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]at[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] after [;END INSERTED MATTER;] intervals of not less than 12 months [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]of the Society's decision under paragraph (2);[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] from the final determination as to the imposition of the prohibition or sanction, or from the final determination of the unadmitted person's previous application for review, as the case may be. [;END INSERTED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iv)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (6) [;END INSERTED MATTER;][;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person has the right under regulation 5 of the Solicitors' Admission Regulations to appeal to the High Court [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision on an application [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] under paragraph (5) [;END INSERTED MATTER;] for the removal of a prohibition or sanction[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]under paragraph (3)(iii), apply to the Master of the Rolls who may:- (a) affirm the decision of the Society; or (b) make such other order as the Master of the Rolls thinks fit[;END DELETED MATTER;] .
PART VI – CONTINUING PROFESSIONAL DEVELOPMENT
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 33. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 32. [;END INSERTED MATTER;] Application of Part VI
This part shall apply to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] all [;END DELETED MATTER;] solicitors and to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] all [;END DELETED MATTER;] registered European lawyers.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 34. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 33. [;END INSERTED MATTER;] CPD requirement during the first three years of admission [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or registration with the Society pursuant to Directive 98/5/EC [;END DELETED MATTER;]
A solicitor [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or registered European lawyer [;END DELETED MATTER;] must in the first three years following admission [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or registration [;END DELETED MATTER;] attend such continuing professional development courses as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may prescribe.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 35. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 34. [;END INSERTED MATTER;] CPD requirement during the first months after admission
A solicitor must undertake one hour of continuing professional development for each whole month in legal practice or employment between admission and the next 1st day of November.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 36. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 35. [;END INSERTED MATTER;] CPD requirement during the first months after registration with the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] pursuant to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] EC [;END DELETED MATTER;] Directive 98/5/EC
A registered European lawyer must undertake one hour of continuing professional development for each whole month in legal practice or employment between the date of initial registration and the next 1st day of November.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 37. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 36. Basic [;END INSERTED MATTER;] CPD requirement [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1st November 2001 [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] onwards [;END DELETED MATTER;]
Solicitors and registered European lawyers shall undertake 16 hours of continuing professional development during each complete year in legal practice or employment in England and Wales commencing [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] on [;END DELETED MATTER;] 1st November [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 2001 [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and each subsequent 1st November [;END DELETED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 38. Transitional arrangement up to [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31st October 2003 [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] A solicitor or registered European lawyer shall be deemed to have met the requirement for any year ending 31 October up to and including [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31 October 2003 [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] if they have undertaken 48 hours of continuing professional development during the three years immediately preceding that date. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 39. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 37. [;END INSERTED MATTER;] Requirements for solicitors who have been registered European lawyers
- (1)
Where a registered European lawyer is admitted as a solicitor, [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
the regulations 35 and 37, 38,[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 34 and 36 [;END INSERTED MATTER;] shall apply as if [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]they[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] he or she [;END INSERTED MATTER;] were a solicitor admitted on the date of initial registration and [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]regulations 36 and 41[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 36 and 39 [;END INSERTED MATTER;] shall not apply. - (2)
Nothing in this part shall be taken as requiring a solicitor to meet the requirements of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
regulation 34 if they have[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 33 if he or she has [;END INSERTED MATTER;] previously been a registered European lawyer.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 40. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 38. [;END INSERTED MATTER;] Obligation to keep record
A solicitor or registered European lawyer must keep a record of such continuing professional development undertaken to comply with these and produce the record to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] on demand.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 41. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 39. [;END INSERTED MATTER;] CPD undertaken before admission
A solicitor who has undertaken continuing professional development between the expiry of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] articles or [;END DELETED MATTER;] a training contract and the day of admission shall be credited with the relevant number of hours for the purpose of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 35 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 34 [;END INSERTED MATTER;] provided that at the time of undertaking the continuing professional development an application for admission in accordance with admission regulations current at that time had been lodged with the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and a record kept in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 40 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 38 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 42. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 40. [;END INSERTED MATTER;] Suspension
If a solicitor or registered European lawyer does not work for any period in legal practice or employment in England and Wales the application of this part is suspended for that period.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 43. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 41. [;END INSERTED MATTER;] Part-time
If a solicitor or registered European lawyer works part-time in legal practice or employment, the requirements under this part are reduced on the basis that [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , [;END INSERTED MATTER;] in each year, one hour of continuing professional development must be undertaken for every two hours per week worked.
PART VII – GENERAL
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 44. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 42. [;END INSERTED MATTER;] Waiver of regulations
In any particular case the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] has power to waive in writing any of the provisions of these regulations and to revoke such waiver.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 45. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 43. [;END INSERTED MATTER;] Forms and fees
- (1)
Any application made or notice given to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] must be in the prescribed form and accompanied by the prescribed fee. - (2)
When at the time of the making of an application or giving of a notice no form has been prescribed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] he application or notice must be in writing, signed by the applicant or the person giving it and give such information as is necessary to enable the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to deal with the application or to comply with the regulation under which the notice is given. - (3)
Whether or not the application is made or notice given on a prescribed form the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require the applicant or the person giving notice to furnish such further information as it considers necessary. - (4)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require any application to be supported by such evidence as it considers necessary and it may require facts relevant to any application to be deposed to by statutory declaration and may require the attendance of the applicant for interview.
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 44. Admission as a solicitor [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Admission as a solicitor takes place under Part 3 of the Solicitors' Admission Regulations. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SCHEDULE -TRANSITIONAL PROVISIONS [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
1.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
In this Schedule -[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
the "Solicitors First Examination" means the examination referred to in Regulation 20 of the Training Regulations 1989;[;END DELETED MATTER;]
"the last Solicitors First Examination" means the Solicitors First Examination to be held in Summer 1994;[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Final Examination" means the examination referred to in Part IV of the Training Regulations 1989;[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"the last Final Examination" means the Final Examination to be held in Summer 1994;[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"articles of training" means articles entered into pursuant to the Training Regulations 1987 or the Training Regulations 1989.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
2.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
No person may attempt the Solicitors First Examination for the first time after[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st August 1993[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who has passed the Solicitors First Examination at or before the last Solicitors First Examination is deemed to have completed the academic stage of training.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
if a person has attempted but not passed the Solicitors First Examination at or before the last Solicitors First Examination:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
and has entered into articles, those articles shall be discharged with effect from[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st October 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;];[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
that person must complete the academic and vocational stages of training in accordance with these Regulations.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
3.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
No person may attempt the Final Examination for the first time after[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st August 1993[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who has passed the Final Examination at or before the last Final Examination is deemed to have satisfactorily completed a Legal Practice Course.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who after the last Final Examination has passed all the required papers apart from the Accounts paper in circumstances which would have entitled him to resit that paper under Regulation 37(3) of the Training Regulations 1989, is deemed to have satisfactorily completed a Legal Practice Course.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
4.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Subject to paragraph 3(iii), a person who has attempted but not passed the Final Examination at or before the last Final Examination:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
and has not entered into articles is subject to these Regulations as if that person had completed the academic stage of training on[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st August 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;];[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii) and has entered into articles must:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
complete a Legal Practice Course before or after serving the remainder of the articles; and[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
complete a Professional Skills Course after completing a Legal Practice Course and before admission as a solicitor.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
5.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who served the requisite term of articles under the Training Regulations 1987 or the Training Regulations 1989 and received adequate training thereunder is deemed to have completed service under a training contract, but will be required to complete a Professional Skills Course in accordance with these Regulations.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Articles of training entered into under the Training Regulations 1987 or the Training Regulations 1989 shall continue to be governed by those Regulations save as modified by this Schedule.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
6.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Nothing shall prevent any person to whom any of the provisions of this Schedule apply from electing to complete training under these Regulations rather than the Training Regulations 1989 as preserved by this Schedule.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
7.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Where a person has been deemed to have satisfactorily completed a Legal Practice Course under paragraphs 3(ii) or (iii) the Society may grant exemption from such parts of a Professional Skills Course as the Society may determine.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
8.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(1)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 15-20, 22-29, 31 and 32 shall come into effect on[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st July 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(2)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Until[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st July 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the vocational stage of training will be completed as required by Regulation 14 except students will be required to serve under a deed of articles and not a training contract.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(3)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 21 and 30 will apply from the commencement of these Regulations except that the requirement to serve under a training contract will be satisfied by service under a deed of articles. This provision will apply until[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]30th June 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(4)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 39-42 and 44-59 of the Training Regulations 1989 are preserved by this Schedule for the purposes of this paragraph, until[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]30th June 1996[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
9.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
For the avoidance of doubt, a person who commenced training under the Training Regulations 1989 or any predecessor Regulations, to whom none of the provisions in this Schedule apply, must complete the academic and vocational stages of training in accordance with these Regulations.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
10.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
The provisions in this Schedule shall cease to have effect on[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]31st December 1999[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]. Thereafter, a person who has not completed training in accordance with the provisions in this Schedule must complete the academic and vocational stages of training in accordance with these Regulations.[;END DELETED MATTER;]
[;BEGIN MATTER INSERTED ON 6 OCTOBER 2011;] The Solicitors' Training Regulations have been replaced on the 6 October 2011 by the SRA Training Regulations 2011 Part 1 - Qualification Regulations and SRA Training Regulations 2011 Part 2 - Training Provider Regulations as part of the introduction of outcomes-focused regulation. [;END INSERTED MATTER;]
Go to SRA Handbook
[;BEGIN MATTER INSERTED ON 1 SEPTEMBER 2010 TO REFLECT AMENDMENTS INTRODUCED BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] The Training Regulations 2009 were amended on 1 September 2010 to reflect changes introduced by the SRA Qualified Lawyers Transfer Scheme Regulations 2010. [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The Training Regulations 1990 were replaced by the Solicitors' Training Regulations 2009 on 1 July 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. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Solicitors' [;END INSERTED MATTER;] Training Regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1990 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 2009 [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Made on the 12th day of July 1990 as amended on the 31st day of January 1991, the 9th day of July 1992, the 18th day of March 1993, the 10th day of June 1993, the 7th day of October 1993, the 27th day of January 1994, the 10th day of October 1994, the 10th day of November 1994, the 5th day of June 1997, the 21st day of October 1999 and the 23rd day of June 2000 and the 9th day of November 2000 by the Council of the Law Society under Sections 2 and 80 of the Solicitors Act 1974, with the approval of the Lord Chancellor and each of the designated judges. [;END DELETED MATTER;]
PART I - INTRODUCTORY
1. [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Title and [;END DELETED MATTER;] Commencement [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and repeal [;END INSERTED MATTER;]
- (1)
These regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
may be cited as the Training Regulations 1990 and shall[;END DELETED MATTER;] come into force on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]such date or dates as the Council may determine[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] [;END INSERTED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1 July 2009 [;END INSERTED MATTER;] . - (2)
The Training Regulations [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
1989, save as provided in the Schedule,[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1990 [;END INSERTED MATTER;] shall cease to have effect on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]such date or dates as the Council may determine[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] that date [;END INSERTED MATTER;] . - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(3)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
The Post Admission Training Regulations 1991 shall cease to have effect on such date as the Council may determine, on which date Part VI of these Regulations shall come into force.[;END DELETED MATTER;]
2. Interpretation and definitions
- (1)
The Interpretation Act 1978 applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
- (2)
Words and phrases not expressly defined in these regulations, unless the context otherwise requires, bear the same meaning as they bear in the Solicitors Act 1974.
- (3)
In these regulations:
- "academic stage of training" means that stage of the training of an entrant to the solicitors' profession which is completed by satisfying [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 7[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 6 [;END INSERTED MATTER;] ; - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"the CPE Board" means the Common Professional Examination Board set up pursuant to resolutions passed by the Society and by the Council of the Inns of Court;[;END DELETED MATTER;] - "Common Professional Examination Course" means a course, including assessments and examinations, approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
CPE Board[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] JASB [;END INSERTED MATTER;] for the purposes of completing the academic stage of training; - "continuing professional development" means a course, lecture, seminar or other programme or method of study (whether requiring attendance or not) that is relevant to the needs and professional standards of solicitors and complies with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA; [;END INSERTED MATTER;] - "Diploma in Law" means a [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] graduate [;END INSERTED MATTER;] diploma [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] in law [;END INSERTED MATTER;] or second degree awarded by:
- (i)
a university in the United Kingdom or the Republic of Ireland;
- (ii)
an institution in England or Wales empowered by the Privy Council to award degrees;
- (iii)
a polytechnic or college authorised to award the degrees of the Council of National Academic Awards before its dissolution on 31 March 1993;
- (iv)
the College of Law;
- (v)
an overseas university or college approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ;
being of such standard as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines and following a course of study which is acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and which includes:- (a)
the study of the Foundations of Legal Knowledge; and
- (b)
the passing of appropriate [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
assessments[;END DELETED MATTER;] set in those foundations;
- (a)
- (i)
- "Exempting Law Degree" means a qualifying law degree incorporating a Legal Practice Course;
- "FILEX" means a Fellow of the Institute of Legal Executives;
- "Foundations of Legal Knowledge" means those foundations of law the study of which is prescribed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Council of Legal Education[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Bar Standards Board [;END INSERTED MATTER;] for the purpose of completing the Academic Stage of Training by undertaking a Common Professional Examination Course [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or Qualifying Law Degree [;END INSERTED MATTER;] and passing the assessments and examinations set during that course; - "Integrated Course" means a course of such standard as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines and approves incorporating study of the Foundations of Legal Knowledge and a Legal Practice Course; - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "the JASB" means the Joint Academic Standards Board set up pursuant to resolutions passed by the SRA Board and by the Bar Standards Board; [;END INSERTED MATTER;]
- "Justices' Clerk's Assistant" bears the meaning contained in the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Justices' Clerks (Qualifications of Assistants) Rules 1979 (as amended)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Assistants to Justices' Clerks Regulations 2006 [;END INSERTED MATTER;] ; - "Legal Practice Course" means a course the satisfactory completion of which is recognised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as satisfying in part the vocational stage of training; - "Professional Skills Course" means a course the satisfactory completion of which is recognised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as satisfying in part the vocational stage of training; - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Qualified Lawyers Transfer Regulations" means the Qualified Lawyers Transfer Regulations made from time to time by the Council of the Society;[;END DELETED MATTER;] - "qualifying employment" means employment, after attaining the age of 18 years, on legal duties under the supervision of a solicitor;
- "qualifying law degree" means:
- (i)
a degree awarded by a university in the United Kingdom or the Republic of Ireland;
- (ii)
a degree awarded by an institution in England or Wales empowered by the Privy Council to award degrees;
- (iii)
a degree conferred by the Council for National Academic Awards before its dissolution on 31 March 1993; and
- (iv)
a Licence in Law conferred by the former University College of Buckingham before the College was granted university status;
being of such a standard as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] determines following a course of study which is acceptable to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] with regard to the provision of adequate learning resources and which includes:- (a)
the study of the Foundations of Legal Knowledge; and
- (b)
the passing of appropriate assessments set in those foundations; or
- (a)
- (v) such other degree or qualification as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers the equivalent of the qualifications listed above;
- (i)
- "part-time study contract" means a written contract between a training establishment and a trainee solicitor who follows a [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
CPE[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Common Professional Examination [;END INSERTED MATTER;] Course, Legal Practice Course, Integrated Course, or a course leading to a Qualifying Law Degree, Exempting Law Degree, or Diploma in Law on a part-time basis and references to "training contract" in these regulations shall include part-time study contract; - "registered European lawyer" means a lawyer registered with the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] pursuant to EC Directive 98/5/EC; - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]"Society" means the Law Society;[;END DELETED MATTER;] - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] "SRA" means the Solicitors Regulation Authority; [;END INSERTED MATTER;]
- "trainee solicitor" means any person receiving training under a training contract;
- "training contract" means a written contract between one or more training establishments and a trainee solicitor which complies with these regulations;
- "training establishment" means a body, firm, company or individual authorised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to take a trainee solicitor; - "training principal" means any solicitor who:
- (i)
holds a current practising certificate;
- (ii)
has held immediately prior to a current practising certificate four consecutive practising certificates;
- (iii)
is nominated by a training establishment as such;
- (iv)
is a partner or has equivalent status;
- (v)
has undertaken such training as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may prescribe;
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and [;END INSERTED MATTER;] for the purposes of (ii) above a solicitor who has been a registered European lawyer for a continuous period before his admission as a solicitor can use each complete year of registration as the equivalent of having held one practising certificate.
- (i)
- "vocational stage of training" means that stage of the training of an entrant to the solicitors' profession which is completed by:
- (i)
- (a)
satisfactory completion of a Legal Practice Course, or
- (b)
obtaining an Exempting Law Degree, or
- (c)
satisfactory completion of an Integrated Course, and
- (a)
- (ii)
subject to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 30 and 31[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 29 and 29 [;END INSERTED MATTER;] serving under a training contract as prescribed in Part IV of these regulations, and - (iii)
satisfactory completion of a Professional Skills Course and such other course or courses as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe.
- (i)
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 3. Marginal notes [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The marginal notes do not form part of these regulations. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 4. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 3. [;END INSERTED MATTER;] Compliance with [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] these [;END INSERTED MATTER;] regulations
Subject to the Qualified Lawyers Transfer Regulations [;BEGIN MATTER INSERTED ON 1 SEPTEMBER 2010 TO REFLECT AMENDMENTS INTRODUCED BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] and the Qualified Lawyers Transfer Scheme Regulations[;END INSERTED MATTER;], an applicant for admission as a solicitor must have satisfactorily completed the academic and the vocational stages of training and otherwise have complied with these regulations.
PART II - ENROLMENT
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 5. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 4. [;END INSERTED MATTER;] Requirement to obtain certificates of enrolment
No person may:
- (i)
proceed beyond the first year of a course leading to an Exempting Law Degree; or
- (ii)
attend a Legal Practice Course; or
- (iii)
attend an Integrated Course; or
- (iv)
serve under a training contract;
without holding a current certificate of enrolment.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 6. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 5. [;END INSERTED MATTER;] Application for enrolment
- (1)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall issue a certificate of enrolment only if it is satisfied- (i)
as to the applicant's character and suitability to become a solicitor; and
- (ii)
that the applicant has a good knowledge of spoken and written English.
- (i)
- (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require the applicant to attend before [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]a committee or panel[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] an adjudicator, adjudication panel or committee as [;END INSERTED MATTER;] appointed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - (3)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may refuse to issue a certificate of enrolment and must notify an applicant in writing giving reasons for the decision. - (4)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] refuses to issue a certificate of enrolment the applicant may [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]:- (i)[;END DELETED MATTER;] within one month of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision ask for the application to be reviewed [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]; and (ii)[;END DELETED MATTER;] . - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (5) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] An applicant whose application has been refused under paragraph (1)(i) has the right under regulation 4 of the Solicitors' Admission Regulations to appeal to the High Court [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] on a review [;END INSERTED MATTER;] under paragraph (4) [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;](i) apply to the Master of the Rolls who may:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
affirm the decision of the Society; or[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
direct the Society to issue a Certificate of Enrolment to the applicant.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(5)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (6) [;END INSERTED MATTER;]The applicant may make [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
not more than[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] up to [;END INSERTED MATTER;] three further applications for enrolment [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]at[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] after [;END INSERTED MATTER;] intervals of not less than 12 months [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]of the Society's refusal under paragraph (3)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] from the final determination of the applicant's previous application [;END INSERTED MATTER;] . - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(6)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (7) [;END INSERTED MATTER;]- (i)
A first certificate of enrolment is valid for a period not exceeding 24 months as specified in the certificate.
- (ii)
Any other certificate of enrolment is valid for 12 months from the date of issue.
- (iii)
Notwithstanding (i) and (ii) a certificate of enrolment which is in force when the holder commences a training contract shall remain valid for the duration of that training contract.
- (i)
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(7)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (8) [;END INSERTED MATTER;]Unless otherwise expressed, any reference in these regulations to a certificate of enrolment refers to a certificate issued pursuant to this regulation.
PART III - THE ACADEMIC STAGE OF TRAINING
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 7. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 6. [;END INSERTED MATTER;] Completion of the academic stage
- (1)
A person satisfies the academic stage of training by:
- (i)
graduating with an Exempting Law Degree; or
- (ii)
graduating with a qualifying law degree; or
- (iii)
passing a Common Professional Examination; or
- (iv)
gaining a Diploma in Law; or
- (v)
satisfactorily completing an Integrated Course.
- (i)
- (2)
In exceptional circumstances, [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
notified to and accepted as such by the Master of the Rolls, the Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the SRA [;END INSERTED MATTER;] may accept such other evidence of academic ability as it thinks fit as equivalent to satisfaction of the academic stage of training for the purposes of paragraph (1) in the case of a person who completes a course of study for one of the qualifications referred to in paragraph (1). - (3)
Before proceeding to the vocational stage of training a person seeking to establish that the academic stage of training has been satisfied by virtue of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
paragraphs[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph [;END INSERTED MATTER;] (1)(ii), (iii) or (iv) must obtain from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] within the prescribed time limit a certificate to that effect. - (4)
Before entering into a training contract a person seeking to establish that the academic stage of training has been satisfied by virtue of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
paragraphs[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph [;END INSERTED MATTER;] (1)(i) or (v) must obtain from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] within the prescribed time limit a certificate to that effect.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 8. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 7. [;END INSERTED MATTER;] Certificates of completion of the academic stage
- (1)
A person within [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 7(1)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 6(1) [;END INSERTED MATTER;] must apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] for a certificate and lodge such evidence as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require. - (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] will not grant a certificate on an application made later than seven years after the 1st October in the year in which the applicant obtained the degree or diploma, passed a Common Professional Examination, or satisfactorily completed an Integrated Course unless satisfied that:- (i)
special reasons exist for granting the certificate; and
- (ii)
the applicant has complied with such requirements as to courses of study, written tests or otherwise as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may have imposed as a condition of granting the certificate.
- (i)
- (3)
Subject to paragraph (2), if the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that an applicant holds an Exempting Law Degree, a qualifying law degree, a Diploma in Law or has passed a Common Professional Examination, or satisfactorily completed an Integrated Course it must issue a certificate that the applicant has completed the academic stage of training. - (4)
A certificate remains in force for seven years after the 1st October in the year in which the applicant obtained the degree or diploma or passed a Common Professional Examination or satisfactorily completed an Integrated Course or for two years from the date of the certificate, whichever is the later.
- (5)
If an application for a certificate in respect of a degree or diploma is refused, the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may accept the applicant's degree or diploma as entitling the applicant to take a Common Professional Examination under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Regulations 10 and 12[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 9 and 11 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 9. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 8. [;END INSERTED MATTER;] Definitions for the purposes of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 10 to 14 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 9 to 12 [;END INSERTED MATTER;]
For the purposes of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulations 10 to 13 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 9 to 12 [;END INSERTED MATTER;] "eligible student" means a student eligible to attend a Common Professional Examination Course in the categories (i) to (vii) contained in [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 10 (1) or Regulation 10 (2) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 9(1) or under regulation 9(2) [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 10. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 9. [;END INSERTED MATTER;] Eligibility to attempt a Common Professional Examination
- (1)
To be an eligible student a person must:
- (i)
hold a degree (other than an honorary degree) conferred by an institution in England or Wales empowered by the Privy Council to award degrees or by a university in the United Kingdom or the Republic of Ireland or by the Council for National Academic Awards before its dissolution on 31 March 1993 or a licence awarded by the University College of Buckingham before that college was granted university status; or
- (ii)
hold a degree (other than an honorary degree) conferred by a university outside the United Kingdom and the Republic of Ireland which the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers to be of a standard at least equivalent to that of a degree conferred by a university in the United Kingdom; or - (iii)
be accepted by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] for admission as a mature student; the applicant for such acceptance must:- (a)
have had considerable experience or shown exceptional ability in an academic, professional, business or administrative field;
- (b)
have attained the age of 25 years;
- (c)
have attained such standard of general education as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may consider sufficient; - (d)
have satisfied the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as to character and suitability to become a solicitor; and - (e)
have a good knowledge of written and spoken English; or
- (a)
- (iv)
be a FILEX; or
- (v)
be a Member of the Institute of Legal Executives who has 3 years qualifying employment; or
- (vi)
have attained the age of 25 years and hold such qualification in Magisterial Law awarded after successful completion of a relevant course as shall from time to time be recognised by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ; or - (vii)
have attained such academic and vocational qualifications as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers to be equivalent to a first degree under [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]paragraph (i)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] sub-paragraph (i) [;END INSERTED MATTER;] .
- (i)
- (2)
In exceptional circumstances [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
notified to and accepted as such by the Master of the Rolls the Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] the SRA [;END INSERTED MATTER;] may accept such other evidence of academic eligibility as it thinks fit in the case of a person who completes a course of study for a degree at an institution referred to in [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]paragraphs (i) and (ii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] paragraph (1)(i) or (ii) [;END INSERTED MATTER;] . - [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (3) [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] An applicant whose application has been refused under paragraph (1)(iii)(d) has the right under regulation 4 of the Solicitors' Admission Regulations to appeal to the High Court within three months of receiving notification of the SRA's decision. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 11. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 10. [;END INSERTED MATTER;] Exemption from a part of a Common Professional Examinations
- (1)
A student may apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] for an exemption from any of the Foundations of Legal Knowledge or the other area of legal study in a Common Professional Examination Course. - (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may grant exemption if it is satisfied that a student has passed any assessments and examinations in any of the Foundations of Legal Knowledge or other area of legal study approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] as being substantially equivalent to any of the Foundations of Legal Knowledge or the one other area of legal study in a Common Professional Examination Course from which the student seeks exemption. - (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that a student is entitled to be granted exemption from any of the Foundations of Legal Knowledge or the one other area of legal study in a Common Professional Examination Course, it may issue a Certificate of Exemption stating any Foundation or Foundations of Legal Knowledge and the one other area of legal study which a student must pass in order to complete a Common Professional Examination Course.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 12. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 11. [;END INSERTED MATTER;] Attending a Common Professional Examination Course
Only a person who has satisfied an institution approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] CPE Board [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] JASB [;END INSERTED MATTER;] to offer a Common Professional Examination Course that his qualifications are within the categories (i) to (vii) contained in [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 10 (1) or in Regulation 10 (2) [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 9(1) or within regulation 9(2) [;END INSERTED MATTER;] may attend the Common Professional Examination Course at the institution.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 13. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 12. [;END INSERTED MATTER;] Compliance with Regulations relating to a Common Professional Examination
An eligible student attending a Common Professional Examination Course must comply with any rules or regulations approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] CPE Board [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] JASB [;END INSERTED MATTER;] and for the time being in force of the institution providing the course.
PART IV - THE VOCATIONAL STAGE OF TRAINING
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 14. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 13. [;END INSERTED MATTER;] Completion of the vocational stage of training
- (1)
No person can be admitted as a solicitor unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that such a person has completed the vocational stage of training. - (2)
A person, other than a person following an Exempting Law Degree, may not commence the vocational stage before satisfactorily completing the academic stage of training.
- (3)
The vocational stage of training is completed by:
- (i)
- (a)
satisfactory completion of a Legal Practice Course, or
- (b)
satisfactory completion of an Integrated Course, or
- (c)
obtaining an exempting law degree,
followed by
- (a)
- (ii)
serving under a training contract, during which
- (iii)
the Professional Skills Course and such other course or courses as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe must be undertaken and satisfactorily completed.
- (i)
- (4)
"Satisfactory completion" shall be construed in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 15. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 14. [;END INSERTED MATTER;] Employment of trainee solicitors
Only a training establishment may take a trainee solicitor.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 16. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 15. [;END INSERTED MATTER;] Provision of training
Every training establishment must provide training in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 17. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 16. [;END INSERTED MATTER;] Authorisation of training establishments
The [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may:
- (i)
declare any body, firm, company or individual a training establishment subject to any conditions and for such period as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] considers appropriate; - (ii)
vary or discharge any condition;
- (iii)
refuse to declare any body, firm, company or individual a training establishment;
- (iv)
declare that a training establishment ceases to be such.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 18. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 17. [;END INSERTED MATTER;] Review of decisions
- (1)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] :- (i)
refuses to declare a body, firm, company or individual a training establishment;
- (ii)
declares a body, firm, company or individual a training establishment subject to conditions, or varies any condition;
the body, firm, company or individual may apply for review of the decision within one month of receiving notification of it.
- (i)
- (2)
Pending the hearing of an application for review under paragraph (1), any variation of a condition the subject of review stands suspended.
- (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] declares that a training establishment ceases to be such, then, notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Regulation 15[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 14 [;END INSERTED MATTER;] the body, firm, company or individual may apply for review of the decision within one month of receiving notification of it and pending the hearing of an application for review may continue to provide training to any trainee solicitor who has entered into a training contract at the date of the decision of the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] but may not provide training to any other person. - (4)
An application for review made under this regulation shall be heard by such body or committee as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine, not being the body or committee which made the decision the subject of review.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 19. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 18. [;END INSERTED MATTER;] Training principal
- (1)
Every training establishment must appoint a training principal and must notify the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of the name of such person and if a different person is appointed training principal. - (2)
A training principal must undertake to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to comply with the Training [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Code[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Requirements [;END INSERTED MATTER;] issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 20. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 19. [;END INSERTED MATTER;] Offering training
Before a training establishment enters into a training contract with any person it must set out in a letter of offer to that person such information as to the terms and conditions to be included in the training contract as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 21. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 20. [;END INSERTED MATTER;] Term of the training contract
- (1)
Subject to paragraphs (2), (3) and (4) the term of a training contract is two years.
- (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may permit a person to serve under a training contract for a period not exceeding four years and to be employed part-time provided that:- (i)
the total period of service is no less than would be served by a person in full-time employment and receiving training under a two year training contract; and
- (ii)
the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that adequate training can be given.
- (i)
- (3)
Not withstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 14[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13 [;END INSERTED MATTER;] a person who follows a course leading to completion of the academic stage of training or the legal practice course on a part-time study basis may enter into a training contract in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - (4)
A training principal may in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] , determine that time worked prior to entering into a training contract is equivalent to a period of service under a training contract.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 22. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 21. [;END INSERTED MATTER;] Content of the training contract
A training contract must be in such form and contain such terms and conditions as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may from time to time prescribe.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 23. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 22. [;END INSERTED MATTER;] Registration of a training contract
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (1) [;END INSERTED MATTER;]A training contract must be executed and registered in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (2) [;END INSERTED MATTER;]The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may not register a training contract which provides for payment of a salary less than that prescribed from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . There may be allowed against such prescribed salary the cash value of any benefits in kind from time to time approved by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 24. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 23. [;END INSERTED MATTER;] Absence during a training contract
A trainee solicitor may reckon as good service under a training contract such periods of absence:
- (i)
as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may allow; or - (ii)
as may be necessary for the trainee solicitor to attend a Professional Skills Course.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 25. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 24. [;END INSERTED MATTER;] Termination of a training contract
- (1)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that any training contract ought to be terminated it may order its termination on such terms as it may determine. - (2)
A training contract may be terminated by mutual agreement of the parties.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 26. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 25. [;END INSERTED MATTER;] Monitoring
- (1)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may monitor the training provided by a training establishment in accordance with guidance issued from time to time by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] . - (2)
Monitoring may be undertaken through visits to the premises of training establishments.
- (3)
If:
- (i)
A training establishment, solicitor or trainee solicitor is in default of any of the requirements of these regulations; or
- (ii)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is not satisfied either that a trainee solicitor is receiving or has received adequate training or that the training establishment can give the trainee solicitor adequate training the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may exercise such of the following powers as it considers appropriate:- (a)
declare that a training establishment ceases to be such;
- (b)
prohibit a training establishment from taking any or more than a specified number of trainee solicitors for such period as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine or until otherwise determined by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] ; - (c)
impose any other conditions upon the training establishment which it considers appropriate;
- (d)
terminate the training contract on such terms as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine; - (e)
direct that all or any part of the period served by the trainee solicitor shall not be reckoned as good service under a training contract;
- (f)
direct that a trainee solicitor shall serve such further period under a training contract or receive such further training for such further period and in such form as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall require; - (g)
direct that a training principal undertake such training as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] shall require; - (h)
take such other action as it may consider necessary or appropriate.
- (a)
- (i)
- (4)
Any training establishment or trainee solicitor who is aggrieved by any decision made under paragraph (3) may apply for review of it in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 18[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 17 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 27. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 26. [;END INSERTED MATTER;] Conciliation procedure
- (1)
If a training establishment or a trainee solicitor is in dispute with regard to any matter arising from the trainee solicitor's service under a training contract, either party may refer the matter to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] which shall endeavour to resolve the dispute. - (2)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may appoint any person to act as conciliator in respect of a dispute between a training establishment and a trainee solicitor. - (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is unable to resolve a dispute between a training establishment and a trainee solicitor and it is satisfied that the training contract ought to be terminated it may order its termination on such terms as it may determine. - (4)
Any training establishment or trainee solicitor who is aggrieved by any decision made under paragraph (3) may apply for review of it in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 18[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 17 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 28. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 27. [;END INSERTED MATTER;] Adequate training under a training contract
- (1)
No person required to serve under a training contract can be admitted as a solicitor until the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] has certified that it is satisfied that such person has received adequate training in accordance with the terms of a training contract. - (2)
A person seeking to establish that adequate training has been received must apply to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] or a certificate to that effect and must submit such documentation as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require. - (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that a person has received adequate training under a training contract it must issue a completion certificate. - (4)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is not satisfied that a person has received adequate training it may refuse to issue a completion certificate until that person has satisfactorily completed such further training as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may direct.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 29. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 28. [;END INSERTED MATTER;] FILEX not required to serve under a training contract
- (1)
Notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 14[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13 [;END INSERTED MATTER;] a FILEX who has satisfied the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of completion of the academic stage of training is not required to serve under a training contract if the applicant:- (i)
has satisfactorily completed a Legal Practice Course or an Integrated Course, and
- (ii)
either
- (a)
before attending that course has been continuously engaged as a FILEX in the practice of the law since qualifying as a FILEX; or
- (b)
satisfies the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] that, although the requirements of sub-paragraph (a) are not met, the applicant has experience in the practice of the law since qualifying as a FILEX that is sufficiently recent to justify the applicant not being required to serve under a training contract; and
- (a)
- (iii)
has satisfactorily completed a Professional Skills Course.
- (i)
- (2)
- (i)
A Member of the Institute of Legal Executives who has 3 years qualifying employment and who has satisfactorily completed all the Part II Examinations of the Institute of Legal Executives which give exemption from the Common Professional Examination may commence a Legal Practice Course on either a full-time or part-time basis.
- (ii)
A Member of the Institute of Legal Executives who completes the Legal Practice Course under the provision of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 30(2)(i)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] sub-paragraph (i) [;END INSERTED MATTER;] must serve a 2 year training contract.
- (i)
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 30. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 29. [;END INSERTED MATTER;] Justices' Clerks' Assistants not required to serve under a training contract
Notwithstanding [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 14 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13 [;END INSERTED MATTER;] a person who is employed as a Justices' Clerk's Assistant and who has satisfied the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of completion of the academic stage of training is not required to serve under a training contract provided that the applicant:
- (i)
has satisfactorily completed a Legal Practice Course or an Integrated Course; and
- (ii)
before attending that course has served at least five years out of the last ten years in the Magistrates' Courts Service as a Justices' Clerk's Assistant; and
- (iii)
has satisfactorily completed a Professional Skills Course.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 30. [;END INSERTED MATTER;] Professional skills course
- (1)
Subject to the Qualified Lawyers Transfer Regulations [;BEGIN MATTER INSERTED ON 1 SEPTEMBER 2010 TO REFLECT AMENDMENTS INTRODUCED BY THE SRA QUALIFIED LAWYERS TRANSFER SCHEME REGULATIONS 2010;] and the Qualified Lawyers Transfer Scheme Regulations[;END INSERTED MATTER;], no person can be admitted as a solicitor unless the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] is satisfied that such person has satisfactorily completed a Professional Skills Course. - (2)
Only a person who has satisfactorily completed a Legal Practice Course or an Integrated Course may attend a Professional Skills Course.
PART V - MISBEHAVIOUR
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 32. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31. [;END INSERTED MATTER;] Misbehaviour of a prospective solicitor
- (1)
"An unadmitted person" means a person who
- (i)
holds a current certificate of enrolment; or
- (ii)
has completed the vocational stage of training in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulation 14[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 13[;END INSERTED MATTER;] and does not hold a current certificate of enrolment but who has not been admitted as a solicitor.
- (i)
- (2)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] at any time is not satisfied as to the character and suitability of an unadmitted person to become a solicitor it may in relation to that person on such terms as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may determine- (i)
cancel enrolment;
- (ii)
prohibit entry into a training contract;
- (iii)
refuse to register a training contract;
- (iv)
discharge a training contract;
- (v)
prohibit attendance at a Legal Practice Course or an Integrated Course or at a course leading to an Exempting Law Degree;
- (vi)
prohibit attendance at a Professional Skills Course [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
;[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(vii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
oppose admission as a solicitor.. [;END DELETED MATTER;]
- (i)
- (3)
If the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] imposes a prohibition or other sanction under paragraph (2) the unadmitted person may [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]:- (i)[;END DELETED MATTER;] within one month of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision, ask for the matter to be reviewed [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]; and[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] . [;END INSERTED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (4) [;END INSERTED MATTER;][;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person has the right under regulation 5 of the Solicitors' Admission Regulations to appeal to the High Court [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision on [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]an application for[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] a [;END INSERTED MATTER;] review under paragraph (3) [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;](i), apply to the Master of the Rolls who may:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
affirm the decision of the Society; or[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
make such other order as the Master of the Rolls thinks fit;.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iii)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (5) [;END INSERTED MATTER;][;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person may [;END INSERTED MATTER;] make [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
not more than[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] up to [;END INSERTED MATTER;] three applications to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to remove the prohibition or other sanction [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]at[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] after [;END INSERTED MATTER;] intervals of not less than 12 months [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]of the Society's decision under paragraph (2);[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] from the final determination as to the imposition of the prohibition or sanction, or from the final determination of the unadmitted person's previous application for review, as the case may be. [;END INSERTED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iv)[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] (6) [;END INSERTED MATTER;][;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] The unadmitted person has the right under regulation 5 of the Solicitors' Admission Regulations to appeal to the High Court [;END INSERTED MATTER;] within three months of receiving notification from the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] of its decision on an application [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] under paragraph (5) [;END INSERTED MATTER;] for the removal of a prohibition or sanction[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]under paragraph (3)(iii), apply to the Master of the Rolls who may:- (a) affirm the decision of the Society; or (b) make such other order as the Master of the Rolls thinks fit[;END DELETED MATTER;] .
PART VI – CONTINUING PROFESSIONAL DEVELOPMENT
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 33. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 32. [;END INSERTED MATTER;] Application of Part VI
This part shall apply to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] all [;END DELETED MATTER;] solicitors and to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] all [;END DELETED MATTER;] registered European lawyers.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 34. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 33. [;END INSERTED MATTER;] CPD requirement during the first three years of admission [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or registration with the Society pursuant to Directive 98/5/EC [;END DELETED MATTER;]
A solicitor [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or registered European lawyer [;END DELETED MATTER;] must in the first three years following admission [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] or registration [;END DELETED MATTER;] attend such continuing professional development courses as the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may prescribe.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 35. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 34. [;END INSERTED MATTER;] CPD requirement during the first months after admission
A solicitor must undertake one hour of continuing professional development for each whole month in legal practice or employment between admission and the next 1st day of November.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 36. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 35. [;END INSERTED MATTER;] CPD requirement during the first months after registration with the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] pursuant to [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] EC [;END DELETED MATTER;] Directive 98/5/EC
A registered European lawyer must undertake one hour of continuing professional development for each whole month in legal practice or employment between the date of initial registration and the next 1st day of November.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 37. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 36. Basic [;END INSERTED MATTER;] CPD requirement [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 1st November 2001 [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] onwards [;END DELETED MATTER;]
Solicitors and registered European lawyers shall undertake 16 hours of continuing professional development during each complete year in legal practice or employment in England and Wales commencing [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] on [;END DELETED MATTER;] 1st November [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 2001 [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] and each subsequent 1st November [;END DELETED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 38. Transitional arrangement up to [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31st October 2003 [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] A solicitor or registered European lawyer shall be deemed to have met the requirement for any year ending 31 October up to and including [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 31 October 2003 [;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] if they have undertaken 48 hours of continuing professional development during the three years immediately preceding that date. [;END DELETED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 39. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 37. [;END INSERTED MATTER;] Requirements for solicitors who have been registered European lawyers
- (1)
Where a registered European lawyer is admitted as a solicitor, [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
the regulations 35 and 37, 38,[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 34 and 36 [;END INSERTED MATTER;] shall apply as if [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]they[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] he or she [;END INSERTED MATTER;] were a solicitor admitted on the date of initial registration and [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]regulations 36 and 41[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulations 36 and 39 [;END INSERTED MATTER;] shall not apply. - (2)
Nothing in this part shall be taken as requiring a solicitor to meet the requirements of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
regulation 34 if they have[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 33 if he or she has [;END INSERTED MATTER;] previously been a registered European lawyer.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 40. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 38. [;END INSERTED MATTER;] Obligation to keep record
A solicitor or registered European lawyer must keep a record of such continuing professional development undertaken to comply with these and produce the record to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] on demand.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 41. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 39. [;END INSERTED MATTER;] CPD undertaken before admission
A solicitor who has undertaken continuing professional development between the expiry of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] articles or [;END DELETED MATTER;] a training contract and the day of admission shall be credited with the relevant number of hours for the purpose of [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 35 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 34 [;END INSERTED MATTER;] provided that at the time of undertaking the continuing professional development an application for admission in accordance with admission regulations current at that time had been lodged with the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] and a record kept in accordance with [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Regulation 40 [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] regulation 38 [;END INSERTED MATTER;] .
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 42. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 40. [;END INSERTED MATTER;] Suspension
If a solicitor or registered European lawyer does not work for any period in legal practice or employment in England and Wales the application of this part is suspended for that period.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 43. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 41. [;END INSERTED MATTER;] Part-time
If a solicitor or registered European lawyer works part-time in legal practice or employment, the requirements under this part are reduced on the basis that [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] , [;END INSERTED MATTER;] in each year, one hour of continuing professional development must be undertaken for every two hours per week worked.
PART VII – GENERAL
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 44. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 42. [;END INSERTED MATTER;] Waiver of regulations
In any particular case the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Society [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] has power to waive in writing any of the provisions of these regulations and to revoke such waiver.
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 45. [;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 43. [;END INSERTED MATTER;] Forms and fees
- (1)
Any application made or notice given to the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] must be in the prescribed form and accompanied by the prescribed fee. - (2)
When at the time of the making of an application or giving of a notice no form has been prescribed by the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] he application or notice must be in writing, signed by the applicant or the person giving it and give such information as is necessary to enable the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] to deal with the application or to comply with the regulation under which the notice is given. - (3)
Whether or not the application is made or notice given on a prescribed form the [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require the applicant or the person giving notice to furnish such further information as it considers necessary. - (4)
The [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Society[;END DELETED MATTER;] [;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SRA [;END INSERTED MATTER;] may require any application to be supported by such evidence as it considers necessary and it may require facts relevant to any application to be deposed to by statutory declaration and may require the attendance of the applicant for interview.
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] 44. Admission as a solicitor [;END INSERTED MATTER;]
[;BEGIN MATTER INSERTED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] Admission as a solicitor takes place under Part 3 of the Solicitors' Admission Regulations. [;END INSERTED MATTER;]
[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;] SCHEDULE -TRANSITIONAL PROVISIONS [;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
1.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
In this Schedule -[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
the "Solicitors First Examination" means the examination referred to in Regulation 20 of the Training Regulations 1989;[;END DELETED MATTER;]
"the last Solicitors First Examination" means the Solicitors First Examination to be held in Summer 1994;[;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"Final Examination" means the examination referred to in Part IV of the Training Regulations 1989;[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"the last Final Examination" means the Final Examination to be held in Summer 1994;[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
"articles of training" means articles entered into pursuant to the Training Regulations 1987 or the Training Regulations 1989.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
2.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
No person may attempt the Solicitors First Examination for the first time after[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st August 1993[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who has passed the Solicitors First Examination at or before the last Solicitors First Examination is deemed to have completed the academic stage of training.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
if a person has attempted but not passed the Solicitors First Examination at or before the last Solicitors First Examination:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
and has entered into articles, those articles shall be discharged with effect from[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st October 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;];[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
that person must complete the academic and vocational stages of training in accordance with these Regulations.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
3.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
No person may attempt the Final Examination for the first time after[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st August 1993[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who has passed the Final Examination at or before the last Final Examination is deemed to have satisfactorily completed a Legal Practice Course.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(iii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who after the last Final Examination has passed all the required papers apart from the Accounts paper in circumstances which would have entitled him to resit that paper under Regulation 37(3) of the Training Regulations 1989, is deemed to have satisfactorily completed a Legal Practice Course.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
4.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Subject to paragraph 3(iii), a person who has attempted but not passed the Final Examination at or before the last Final Examination:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
and has not entered into articles is subject to these Regulations as if that person had completed the academic stage of training on[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st August 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;];[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii) and has entered into articles must:[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(a)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
complete a Legal Practice Course before or after serving the remainder of the articles; and[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(b)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
complete a Professional Skills Course after completing a Legal Practice Course and before admission as a solicitor.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
5.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(i)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
A person who served the requisite term of articles under the Training Regulations 1987 or the Training Regulations 1989 and received adequate training thereunder is deemed to have completed service under a training contract, but will be required to complete a Professional Skills Course in accordance with these Regulations.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(ii)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Articles of training entered into under the Training Regulations 1987 or the Training Regulations 1989 shall continue to be governed by those Regulations save as modified by this Schedule.[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
6.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Nothing shall prevent any person to whom any of the provisions of this Schedule apply from electing to complete training under these Regulations rather than the Training Regulations 1989 as preserved by this Schedule.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
7.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Where a person has been deemed to have satisfactorily completed a Legal Practice Course under paragraphs 3(ii) or (iii) the Society may grant exemption from such parts of a Professional Skills Course as the Society may determine.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
8.[;END DELETED MATTER;]- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(1)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 15-20, 22-29, 31 and 32 shall come into effect on[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st July 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(2)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Until[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]1st July 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]the vocational stage of training will be completed as required by Regulation 14 except students will be required to serve under a deed of articles and not a training contract.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(3)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 21 and 30 will apply from the commencement of these Regulations except that the requirement to serve under a training contract will be satisfied by service under a deed of articles. This provision will apply until[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]30th June 1994[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
(4)[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
Regulations 39-42 and 44-59 of the Training Regulations 1989 are preserved by this Schedule for the purposes of this paragraph, until[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]30th June 1996[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;].[;END DELETED MATTER;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
- [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
9.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
For the avoidance of doubt, a person who commenced training under the Training Regulations 1989 or any predecessor Regulations, to whom none of the provisions in this Schedule apply, must complete the academic and vocational stages of training in accordance with these Regulations.[;END DELETED MATTER;] - [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
10.[;END DELETED MATTER;][;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]
The provisions in this Schedule shall cease to have effect on[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]31st December 1999[;END DELETED MATTER;] [;BEGIN MATTER DELETED ON 1 JULY 2009 AS PART OF CHANGES INTRODUCING FIRM-BASED REGULATION AND LDPs UNDER THE LEGAL SERVICES ACT 2007;]. Thereafter, a person who has not completed training in accordance with the provisions in this Schedule must complete the academic and vocational stages of training in accordance with these Regulations.[;END DELETED MATTER;]