Change tracker - SRA Qualified Lawyers Transfer Scheme Regulations 2010

 

The SRA Qualified Lawyers Transfer Scheme Regulations 2010 have been replaced on the 6 October 2011 by the SRA Qualified Lawyers Transfer Scheme Regulations 2011 as part of the introduction of outcomes-focused regulation.

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The Qualified Lawyers Transfer Regulations 2010 were amended on 15 July 2011 to enable the SRA to grant an exemption from the Part 1 (MCT) assessment to applicants who have passed the LPC and put part-time students who began their BVC in 2009 in the same position as full-time 2009 BVC students, with regard to qualifying via the Qualified Lawyers Transfer Regulations.

The Qualified Lawyers Transfer Regulations 2009 were replaced by the SRA Qualified Lawyers Transfer Scheme Regulations 2010 on 31 March 2010, in order to introduce a new Qualified Lawyers Transfer Scheme.

The Qualified Lawyers Transfer Regulations 1990 were replaced by the Qualified Lawyers Transfer 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.

 
 

SRA Qualified Lawyers Transfer Scheme Regulations 2010

Regulations dated 31 March 2010 made by the Solicitors Regulation Authority Board under sections 2 and 28 of the Solicitors Act 1974 with the approval of the Legal Services Board.

Regulations to provide Qualified Lawyers, who are not solicitors admitted in England and Wales , with a shorter alternative route to qualification to the domestic route (as set out in the Solicitors' Training Regulations). These Regulations also set out the means by which certain lawyers can seek admission by virtue of Directive 2005/36/EC and Directive 98/5/EC.

1. Eligibility

  • 1.1.

    Subject to 1.2 and 1.4 below, a person seeking to establish eligibility to apply for admission under these Regulations must provide such evidence as the SRA may require to show that the applicant:

    • (a)

      is a Qualified Lawyer in a Recognised Jurisdiction;

    • (b)

      has followed the Full Route to qualification in the Recognised Jurisdiction;

    • (c)

      is entitled to practise as a Qualified Lawyer of the Recognised Jurisdiction;

    • (d)

      has satisfied any applicable English Language requirements published by the SRA ; and

    • (e)

      is of the Character and Suitability to be admitted as a solicitor

     
  • 1.2.

    For the avoidance of doubt, any lawyer applying for admission pursuant to European Communities Directive 2005/36/EC or any legislation implementing that Directive in the UK is deemed to have satisfied 1.1(d) above.

  • 1.3.

    The SRA shall acknowledge receipt of an applicant's application under Directive 2005/36/EC within one month of receipt, and shall inform the applicant if any document is missing.

  • 1.4.

    Any lawyer applying for admission pursuant to Directive 98/5/EC or any legislation implementing that Directive in the UK , is deemed to have satisfied 1.1(b) and (d) above.

  • 1.5.

    If the SRA is satisfied that an applicant is eligible, it must issue a QLTS Certificate of Eligibility to that effect.

  • 1.6.

    A person who does not hold a QLTS Certificate of Eligibility cannot register with the Assessment Organisation to take any of the QLTS Assessments.

  • 1.7

    A QLTS Certificate of Eligibility shall remain valid for a period of five years from the date of its issue. Applicants cannot apply for a second or subsequent QLTS Certificate of Eligibility before the expiry of any existing Certificate of Eligibility.

2. QLTS Assessments

  • 2.1.

    The SRA shall:

    • (a)

      publish guidelines and outcomes in relation to the QLTS Assessments,

    • (b)

      validate and authorise the provision of the QLTS Assessments by the Assessment Organisation, and

    • (c)

      monitor the provision of the QLTS Assessments by the Assessment Organisation.

     
  • 2.2.

    International Lawyers must pass all the QLTS Assessments.

  • 2.3.

    Any lawyer applying for admission pursuant to European Communities Directive 2005/36/EC or any legislation implementing the Directive in the UK , or any UK Qualified Lawyer, may be required to pass one or more QLTS Assessments, as the SRA shall determine.

  • 2.4.

    Any applicant who has passed the Legal Practice Course is eligible to apply for an exemption from Part 1 of the QLTS assessments.

3. Review of lists of Recognised Jurisdictions and Qualified Lawyers

  • 3.1.

    The SRA will review the lists of Recognised Jurisdictions and Qualified Lawyers every five years or whenever written evidence is received which suggests the need for a jurisdiction or qualification to be reviewed.

  • 3.2.

    For the avoidance of doubt, individuals who have not qualified in a Recognised Jurisdiction and/or who are not Qualified Lawyers for the purposes of these Regulations, have no right to appeal this designation by the SRA.

4. Lawyers seeking admission under Directive 98/5/EC (the Establishment Directive)

  • 4.1.

    Any lawyer seeking to establish eligibility pursuant to Directive 98/5/EC or any legislation implementing that Directive in the UK must prove to the SRA that they have met the requirements of the Directive and implementing legislation and in particular that they have:

    • (a)

      satisfied the nationality requirements set out in the legislation; and

    • (b)

      satisfied the SRA 's registration requirements; and either

    • (c)

      effectively and regularly pursued for a period of at least three years a professional activity in the United Kingdom in the law of the United Kingdom including Community Law in accordance with article 10.1 of Directive 98/5/EC; or

    • (d)

      effectively and regularly pursued a professional activity in the United Kingdom for a period of at least three years where the professional activity in the law of the United Kingdom has been for a period of less than three years, under the conditions set out in article 10.3 of Directive 98/5/EC.

     

5. Review of decisions on eligibility

  • 5.1.

    Subject to regulation 3.2, a person seeking to establish eligibility under regulation 1 (including regulation 4) may, within one month of receiving notification from the SRA of any decision to refuse to issue a QLTS Certificate of Eligibility, ask for the application to be reviewed.

  • 5.2.

    Where an applicant is seeking to establish eligibility (other than pursuant to Directive 2005/36/EC or Directive 98/5/EC) and the SRA has:

    • (a)

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

    • (b)

      has determined not to reverse that refusal on review;

    the applicant has the right, within three months of receiving notification from the SRA of its decision on the review, to appeal to the High Court under regulation 4 of the Solicitors' Admission Regulations.

  • 5.3.

    Where an applicant is seeking to establish eligibility pursuant to Directive 2005/36/EC and the SRA:

    • (a)

      fails to take a decision on the initial application and notify it to the applicant within four months of receipt of all the relevant documents; or

    • (b)

      refuses the initial application; or

    • (c)

      has determined not to reverse that refusal on a review;

    the applicant has the right, within four months of receiving notification or deemed notification of the SRA 's decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.

  • 5.4.

    Where in the case of an applicant seeking to establish eligibility pursuant to Directive 98/5/EC the SRA:

    • (a)

      fails to take a decision on the initial application and notify it to the applicant within four months of receipt of all the relevant documents; or

    • (b)

      refuses the initial application; or

    • (c)

      has determined not to reverse that refusal on a review;

    the applicant has the right, within three months of receiving notification or deemed notification of the SRA 's decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000.

6. Character and Suitability of prospective solicitor

  • 6.1.

    If at any time the SRA is not satisfied as to the Character and Suitability to become a solicitor of any person to whom it has granted a QLTS Certificate of Eligibility under regulation 1 it may on such terms as it determines prohibit any attempt at any or all of the QLTS Assessments.

  • 6.2.

    If the SRA imposes a prohibition under regulation 6.1, the unadmitted person may within one month of receiving notification from the SRA of its decision, ask for the matter to be reviewed.

  • 6.3.

    If the unadmitted person has been authorised to apply other than pursuant to Directive 2005/36/EC, he or she has the right to appeal to the High Court under regulation 5 of the Solicitors' Admission Regulations within three months of receiving notification from the SRA of its decision on a review under regulation 6.2.

  • 6.4.

    When in the case of an applicant who has been authorised to apply pursuant to Directive 2005/36/EC, the SRA:

    • (a)

      prohibits any attempt at any or all of the QLTS Assessments under regulation 6.1; or

    • (b)

      refuses to lift that prohibition on an application for review;

    the applicant has the right, within four months of receiving notification of the SRA's decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.

  • 6.5.

    Any unadmitted person may make up to three applications to the SRA to remove a prohibition after intervals of not less than twelve months from the final determination as to the imposition of the prohibition, or from the final determination of the unadmitted person's previous application for review, as the case may be.

  • 6.6.

    The unadmitted person has the right to appeal to the High Court under regulation 5 of the Solicitors' Admissions Regulations within three months of receiving notification from the SRA of its decision on an application for the removal of a prohibition under 6.5.

7. Forms and fees

  • 7.1.

    A person wishing to sit the QLTS Assessments must give notice to the Assessment Organisation in the prescribed form and pay the prescribed fee.

  • 7.2.

    A person wishing to make an application or give notice to the SRA in accordance with these regulations must do so in the prescribed form and pay the prescribed fee.

  • 7.3.

    If at the time of making an application or giving a notice, no form has been prescribed by the SRA or the Assessment Organisation, the application or notice must be in writing, signed by the applicant or the person giving it and provide such information as is necessary to enable the SRA or the Assessment Organisation to deal with the application.

  • 7.4.

    Whether or not the application is made or notice given on a prescribed form the SRA may, in its absolute discretion, require the applicant, or the person giving notice, to furnish such further information as it considers necessary.

  • 7.5.

    The SRA 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 accompanied by statutory declaration and may require the attendance of the applicant for an interview.

  • 7.6.

    For the avoidance of doubt, no applicant may apply to the SRA for a review of a decision by an Assessment Organisation that he or she has failed one or more QLTS Assessment.

8. Admission as a solicitor

  • 8.1.

    Admission as a solicitor takes place under Part 3 of the Solicitors' Admission Regulations.

Schedule 1

Commencement and repeal

These Regulations will come into force on such date as the SRA may determine (the Commencement Date) on which date the Qualified Lawyers Transfer Regulations 2009 shall cease to have effect for new applications but will continue in force for candidates holding valid QLTR Certificates of Eligibility or candidates who have submitted an application for a QLTR Certificate of Eligibility prior to the Commencement Date of the QLTS.

These Regulations came into force on 1 September 2010. On this date the QLTR ceased to have effect for new applications. The QLTR will continue in force for:  

  • (i)

    candidates holding valid QLTR certificates of eligibility;

  • (ii)

    candidates who submitted an application for a QLTR certificate of eligibility prior to 1 September 2010; and

  • (iii)

    those candidates that fall within Schedule 2(3) below.

 

Schedule 2

Transitional arrangements

  • (1)

    On the Commencement Date, the SRA will cease to issue QLTR Certificates of Eligibility and will instead issue QLTS Certificates of Eligibility.

  • (2)

    The Qualified Lawyers Transfer Test will continue to be available until the expiry of all QLTR Certificates of Eligibility.

  • (3)

    Candidates who have commenced the Bar Vocational Course after 1 August 2009 and before the [commencement date of the Qualified Lawyers Transfer Scheme Amendment Regulations [2011] ] on a part-time basis, shall be treated as if their application for a certificate of eligibility had been made under the QLTR provided that the candidate has successfully completed the Bar Vocational Course:

    • (i)

      prior to 31 August 2011; or

    • (ii)

      if the SRA, in the exercise of its discretion, determines that a candidate's circumstances are exceptional, such later date as the SRA shall determine should apply.

     

Schedule 3

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:

    • Assessment Organisation means the assessment organisation awarded the initial three year contract to provide the QLTS Assessments, together with any other assessment organisations subsequently authorised to provide the QLTS Assessments after the initial three year period has expired.
    • QLTR Certificate of Eligibility means a Certificate issued under the QLTR 2009 (or earlier Regulations).
    • QLTS Certificate of Eligibility means a Certificate of Eligibility to take the QLTS Assessments under these Regulations, or an authorisation under these Regulations to apply for admission as a solicitor without taking any of the QLTS Assessments.
    • Qualified Lawyers Transfer Regulations (QLTR) means the Qualified Lawyers Transfer Regulations 1990 and 2009.
    • Qualified Lawyers Transfer Test (QLTT) means the tests which some lawyers are required to pass under the Qualified Lawyers Transfer Regulations 1990 and 2009.
    • Character and Suitability has the meaning given to it in Guidelines issued from time to time by the SRA .
    • Commencement Date means the date on which the SRA Board brings these Regulations into force.
    • Entitled to practise means having the right to practise without restrictions or conditions as a Qualified Lawyer of the Recognised Jurisdiction.
    • Full Route to qualification means that the applicant has completed the full route to qualification in the Recognised Jurisdiction and is not basing the application on the completion of a shortened or fast-track route completed in the Recognised Jurisdiction.
    • International Lawyers means lawyers who are not basing their application on a professional qualification as a Qualified Lawyer gained within the UK or within the EEA or Switzerland .
    • QLTS Assessments means the suite of assessments approved by the SRA and provided by the Assessment Organisation.
    • Qualified Lawyer means a lawyer with a professional title which the SRA has recognised as broadly similar to that applying to solicitors of England and Wales . The list of Qualified Lawyers and relevant criteria are available on the SRA 's website.
    • Recognised Jurisdiction means a jurisdiction which the SRA has recognised as having a regulatory system which is broadly similar to that applying to solicitors of England and Wales . The list of Recognised Jurisdictions and relevant criteria are available on the SRA 's website.
    • All European jurisdictions to which Directives 2005/36/EC and 98/5/EC apply are Recognised Jurisdictions for the purposes of these Regulations.
    • SRA means the Solicitors Regulation Authority.
    • UK Qualified Lawyer means solicitors and barristers qualified in Northern Ireland , solicitors and advocates qualified in Scotland and barristers qualified in England and Wales
     

Schedule 4

Consequential amendments

Solicitors' Admission Regulations 2009

  • 1.

    The Solicitors' Admission Regulations 2009 are amended in accordance with paragraphs 2 to 11.

  • 2.

    In Part 2, Regulation 4 (iii), after "regulation 4 of the Qualified Lawyers Transfer Regulations" insert "or regulation 1 of the Qualified Lawyers Transfer Scheme Regulations", and after "regulation 16(1) of", omit "those regulations" and insert "the Qualified Lawyers Transfer Regulations or, where appropriate, regulation 5.1 of the Qualified Lawyers Transfer Scheme Regulations".

  • 3.

    In Part 2, Regulation 4 (iv), after "see 16(3) and (4) of the Qualified Lawyers Transfer Regulations" insert "or, where appropriate, regulations 5.3 and 5.4 of the Qualified Lawyers Transfer Scheme Regulations".

  • 4.

    In Part 2, Regulation 5 (i),(b), after "regulation 4 of the Qualified Lawyers Transfer Regulations" insert "or regulation 1 of the Qualified Lawyers Transfer Scheme" and after "regulation 17(2) of the Qualified Lawyers Transfer Regulations" insert "or regulation 6.2 of the Qualified Lawyers Transfer Scheme Regulations."

  • 5.

    In Part 2, Regulation 5 (i)(d), after "regulation 17(5) of the Qualified Lawyers Transfer Regulations" insert "or regulation 6.5 of the Qualified Lawyers Transfer Scheme Regulations".

  • 6.

    In Part 2, Regulation 5(ii)(a), after "an attempt at the Test" insert "any attempt at any or all of the Qualified Lawyers Transfer Scheme Assessments".

  • 7.

    In Part 2, Regulation 5(ii)(b), after "see regulation 17(4) of the Qualified Lawyers Transfer Regulations" insert "or 6.4 of the Qualified Lawyers Transfer Scheme Regulations".

  • 8.

    In Part 3, Regulation 6, after "Qualified Lawyers Transfer Regulations" insert "or the Qualified Lawyers Transfer Scheme Regulations".

  • 9.

    In Part 3, Regulation 8(i)(a), after "Qualified Lawyers Transfer Regulations" insert " or the Qualified Lawyers Transfer Scheme Regulations".

  • 10.

    In Part 3, Regulation 8(iv), after "regulation 4 of the Qualified Lawyers Transfer Regulations" insert "regulation 1 of the Qualified Lawyers Transfer Scheme Regulations".

  • 11.

    In Part 3, Regulation 10(iii), after "regulation 4 of the Qualified Lawyers Transfer Regulations" insert "regulation 1 of the Qualified Lawyers Transfer Scheme Regulations".

Higher Rights of Audience Regulations 2009

  • 1.

    The Solicitors' Higher Rights of Audience Regulations 2010 are amended in accordance with paragraph 2 below.

  • 2.

    In Regulation 1.3 after –

    "Scotland, Northern Ireland, Republic of Ireland and those jurisdictions listed in paragraphs 1 and 2 of the Schedule to the Qualified Lawyers Transfer Regulations 1990"

    insert –

    "together with all Recognised Jurisdictions as defined in the Qualified Lawyers Transfer Scheme Regulations, and from time to time published by the SRA ."

Solicitors' Training Regulations 2009

  • 1.

    The Solicitors' Training Regulations 2009 are amended in accordance with paragraphs 2 and 3 below.

  • 2.

    In Part I, Regulation 3, after "Qualified Lawyers Transfer Regulations" insert " and the Qualified Lawyers Transfer Scheme Regulations".

  • 2.

    In Part IV, Regulation 30(1), after "Qualified Lawyers Transfer Regulations" insert "and the Qualified Lawyers Transfer Scheme Regulations".

 

The Qualified Lawyers Transfer Regulations 19902009

Made on the 4th day of October 1990 and amended on the 13th day of December 1990 and the 11th day of November 1993 and the 6th day of October 1994 and the 19th day of October 1995 and the 16th day of July 1998 and the 21st day of October 1999 by the Council of the Law Society under Sections 2 and 80 of the Solicitors Act 1974 with the concurrence of the Lord Chancellor, the Lord Chief Justice and the Master of the Rolls. Amended on the 23rd day of October 2007 to incorporate statutory amendments to EU Directives and implementing Regulations.

Regulations dated 1 July 2009, made by the Solicitors Regulation Authority Board under sections 2, 79 and 80 of the Solicitors Act 1974 with the approval of the Secretary of State under Schedule 4 to the Courts and Legal Services Act 1990, and

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

1. Title and Commencement and repeal

(1) These regulations may be cited as the Qualified Lawyers Transfer Regulations 1990 and save as provided in paragraph (2) come into force on the 23rd day of December 1998[1 July 2009], on which date the Qualified Lawyers Transfer Regulations 1990 shall cease to have effect.

(2) Regulation 11 shall come into force on the coming into force of paragraph 11(1) of the 19th Schedule to the Courts and Legal Services Act 1990.

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:

    • "training contract" bears the same meaning as in the Training Regulations 1990;
    • "eligible applicant" means a person eligible to attempt a Qualified Lawyers Transfer Test who has obtained a certificate from the Society SRA to that effect;
    • "overseas lawyer" means a member of one of the professions listed in the Schedule to these regulations;
    • "Society" means the Law Society;
    • "Society's agent" means a body, firm, company or individual authorised by the Society from time to time for the provision and assessment of the test;
    • "SRA" means the Solicitors Regulation Authority;
    • "SRA's agent" means a body, firm, company or individual authorised by the SRA from time to time for the provision and assessment of the Test;
    • "Test" means the Qualified Lawyers Transfer Test which is an assessment of competence in the subjects specified in these Regulations; and
    • "training contract" bears the same meaning as in the Solicitors' Training Regulations.
    • "Training Regulations" means the Training Regulations made from time to time by the Council of the Society.
     
 

3. Marginal Notes

The Marginal Notes do not form part of these Regulations.

4.3. Subjects assessed

The subjects assessed by the Test are:

  • a.

    Property;

  • b.

    Litigation;

  • c.

    Professional Conduct and Accounts;

  • d.

    Principles of Common Law.

 

5.4. Eligibility

  • 1.

    A person seeking to establish eligibility under these regulations to apply for admission must provide such evidence as the Society SRA may require that the applicant:

    • a.

      is a person to whom any of Regulations 6 to 15 regulations 5 to 14 applies; and

    • b.

      is suitable to be admitted as a solicitor.

     
  • 2.

    If the Society SRA is satisfied that an applicant is so eligible it must issue a certificate to that effect stating any subjects in the Test which the applicant is required to pass and in respect of applications to whom Regulations 6, 10, 11 or 15 regulations 5, 9, 10 or 14 apply any other conditions which the applicant must satisfy. A person who does not hold such a certificate may not attempt the Test.

  • 3.

    In making any determination under Regulations 6 to 15regulations 5 to 14, the Society SRA shall have regard to the nature and extent of the applicant's practical experience in the law of England and Wales and any other academic or other qualification.

  • 4.

    A Certificate of Eligibility shall remain valid for a period of three years from the date of its issue.

 

6.5. Barristers qualified in Englandand Wales

Unless the SRA otherwise determines a member or former member of the English Bar ("an English barrister") Bar of England and Wales must have, prior to applying for admission, passed the Test in Professional Conduct and Accounts, and

  • a.

    satisfactorily completed 12 months pupillage and 12 months legal practice acceptable to the SocietySRA; or

  • b.

    completed two years legal practice acceptable to the SocietySRA; or

  • c.

    been employed in a way consistent with service under a training contract for such a period not exceeding two years as the Society SRA may determine.

 

7.6. Solicitors qualified in Scotland

Unless the Society SRA otherwise determines a person who has been admitted as a solicitor in Scotland must:

  • a.

    hold or be eligible to hold an unrestricted practising certificate prior to applying for a Certificate of Eligibility; and

  • b.

    pass the Test in Property;

prior to applying for admission.

8.7. Solicitors qualified in Northern Ireland

Unless the Society SRA otherwise determines a person who has been admitted as a solicitor in Northern Ireland is not required to pass any subject of the Test.

9.8. Advocates qualified in Scotland

Unless the Society SRA otherwise determines a person who has been admitted as an Advocate in Scotland must, prior to applying for admission, pass the Test in:

  • a.

    Professional Conduct and Accounts, and

  • b.

    Property.

 

10.9. Barrister qualified in Northern Ireland

Unless the Society SRA otherwise determines a person who has been admitted to the Bar of Northern Ireland ("a Northern Irelandbarrister") must have prior to applying for admission:

  • a.

    passed the Test in Professional Conduct and Accounts;

  • b.

    satisfactorily completed 12 months pupillage and 12 months legal practice acceptable to the SRA; or

  • c.

    completed two years legal practice acceptable to the SocietySRA; or

  • d.

    been employed in a way consistent with service under a training contract for such a period not exceeding two years as the Society SRA may determine.

 

11.10. Certain overseasSolicitorslawyers

  • 1.

    An overseas lawyer who has qualified in one of the professions listed in the Schedule to these regulations by passing the qualifying examinations required of a person who has not previously qualified for admission in any other jurisdiction must, prior to applying for admission, pass the Test in such subjects as are specified in the Schedule unless in any individual case the Society SRA grants a waiver.

  • 2.

    An overseas lawyer to whom paragraph (1) of this regulation applies may also be required to complete such a period of experience in legal practice, not exceeding two years, as the Society SRA may determine, prior to applying for admission.

  • 3.

    Paragraphs (4) and (5) of this regulation apply to overseas lawyers who have not passed the qualifying examinations required of a person who has not previously qualified for admission in any other jurisdiction for qualification in one of the professions listed in the Schedule to these regulations.

  • 4.

    An overseas lawyer to whom paragraph (3) applies must apply to the Society SRA who will determine whether the overseas lawyer is an eligible applicant and if so:

    • a.

      which subjects (if any) the overseas lawyer must pass in the Test prior to applying for admission; and

    • b.

      whether the overseas lawyer must complete a period of employment consistent with service under a training contract before applying for admission and if so, for how long the overseas lawyer must be employed.

     
  • 5.

    For the avoidance of doubt, if the Society SRA determines that an overseas lawyer to whom paragraph (3) applies is not an eligible applicant, that overseas lawyer must complete the academic and vocational stages of training in accordance with the Solicitors' Training Regulations.

 

12.11. European Community lawyers

  • (a)(1)

    Any lawyer applying for admission seeking to establish eligibility pursuant to European Communities Directive No Directive 2005/36/EC or any legislation implementing the that Directive in the UK, who in accordance with that legislation is required by the Society SRA to pass an aptitude test, shall be required to pass the Test in such subjects as the Society SRA shall determine.

  • (b)(2)

    Any lawyer applying for admission seeking to establish eligibility pursuant to EC directive Directive 98/5/EC or any legislation implementing the that Directive in the UK shall be exempt from an aptitude test if they can prove to the Society SRA that they have met the requirements of the Directive and in particular that they have:

    • (a)

      effectively and regularly pursued for a period of at least three years an activity in the United Kingdom in the law of the United Kingdom including Community Law in accordance with article 10.1 of the Directive; or

    • (b)

      effectively and regularly pursued a professional activity in the United Kingdomfor a period of at least three years but for a lesser period in the law of the United Kingdom, under the conditions set out in article 10.3 of the Directive.

     
 

13.12. Solicitors and barristers qualified in Republic ofIreland

NotwithstandingRegulation 12 regulation 11, unless the Society SRA otherwise determines:

  • a.

    a person who has been admitted as a solicitor in the Republic of Ireland is not required to pass any subject in the Test;

  • b.

    a person who has been admitted to the Bar of Ireland must pass the Test in:

    • i.

      Professional Conduct and Accounts,

    • ii.

      Property.

     
 

14.13. Distinguished specialist practitioners

A lawyer:

  • a.

    qualified in any jurisdiction outside England and Wales; and

  • b.

    having at least 10 years practising experience; and

  • c.

    able to demonstrate by references acceptable to theSocietySRA, publications or other evidence acceptable to the Society SRA that he has substantial experience and an acknowledged international reputation as a distinguished specialist practitioner in one or more fields of practice commonly undertaken by solicitors in England and Wales,

shall be required to pass the Test in such subjects as the Society SRA shall determine prior to applying for admission in England and Wales.

15.14. Academic lawyers

A person who has taught on courses forming part of the process of qualification as a solicitor for 10 years full-time or a commensurately longer period part-time must have prior to applying for admission:

  • a.

    passed the Test in such subjects as the Society SRA shall determine; and

  • b.

    undertaken legal practice acceptable to the Society SRA and which, unless the Society SRA otherwise determines:

    • i.

      amounts in total to the equivalent of 2 years full-time employment;

    • ii.

      is undertaken over a total period not exceeding 6 years immediately preceding the date of application for admission;

    • iii.

      is undertaken for at least half of the time in blocks of not less than 2 months.

     
 

16.15. Time of holding the Test

The Test will be held at such times as the Society SRA may determine.

17.16. Review of decisions on eligibility

  • (1)

    A person seeking to establish eligibility under Regulation 5 regulation 4 may: (a) within one month of receiving notification from the Society SRA of any decision ask for the application to be reviewed; and

    • (b)

      within three months, or such longer period as may be proscribed by or under statute, of receiving notification from the Society of its decision on an application for review under paragraph (a) apply to the Master of the Rolls who may:

      • (i)

        affirm the decision of the Society; or

      • (ii)

        make such other order as the Master of the Rolls thinks fit.

       
     
  • (2)

    Where in the case of an applicant seeking to establish eligibility other than pursuant to Directive 2005/36/EC or Directive 98/5/EC the SRA has:

    • (a)

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

    • (b)

      has refused to reverse that refusal on a review;

     
  • the applicant has the right, within three months of receiving notification from the SRA of its decision on the review, to appeal to the High Court under regulation 4 of the Solicitors' Admission Regulations.
  • (2)(3)
    • (a)

      Where in the case of an applicant applying for admission seeking to establish eligibility pursuant to European Communities Directive No Directive 2005/36/EC theSocietySRA:

      • (i)

        fails to take a decision on the initial application and notify it to the applicant within four months of receipt of all the relevant documents; or

      • (ii)

        refuses the initial application; or

      • (iii)

        refuses to reverse that refusal on a review;

        an appeal may be made to the Master of the Rolls in accordance with the applicant has the right, within three months of receiving notification or deemed notification of the SRA's decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.

       
    • (b)

      Once the deadline in (a)(i) above has passed without the SRA issuing a certificate of eligibility or notifying the applicant of refusal, the application is deemed, for the purpose of an appeal under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007, to have been refused and refusal notified to the applicant on that date.

     
  • (4)
    • (a)

      Where in the case of an applicant seeking to establish eligibility pursuant to Directive 98/5/EC the SRA:

      • (i)

        fails to take a decision on the initial application and notify it to the applicant within four months of receipt of all the relevant documents; or

      • (ii)

        refuses the initial application; or

      • (iii)

        refuses to reverse that refusal on a review;

        the applicant has the right, within three months of receiving notification or deemed notification of the SRA's decision, to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000.

       
    • (b)

      Once the deadline in (a)(i) above has passed without the SRA issuing a certificate of eligibility or notifying the applicant of refusal, the application is deemed, for the purpose of an appeal under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000, to have been refused and refusal notified to the applicant on that date.

     
 

18.17. Misbehaviour of prospective solicitor

  • (1)

    If the Society SRA at any time is not satisfied as to the suitability to become a solicitor of any person whom it has certified eligible under Regulation 5 regulation 4 it may on such terms as it determines:

    • (a)

      prohibit an attempt at the Test; or

    • (b)

      refuse to recognise periods of employment as consistent with service under a training contract.; or

    • (c)

      oppose admission as a solicitor

     
  • (2)

    If the Society SRA imposes a prohibition or other sanction under paragraph (1) the unadmitted person may (a) within one month of receiving notification from the Society SRA of its decision, ask for the matter to be reviewed, and.

  • (b)(3)

    If the unadmitted person has been certified eligible other than pursuant to Directive 2005/36/EC, he or she has the right to appeal to the High Court under regulation 5 of the Solicitors' Admission Regulations within three months of receiving notification from the Society SRA of its decision on an application for a review under paragraph (2) (a) apply to the Master of the Rolls who may:

    • (i)

      affirm the decision of the Society; or

    • (ii)

      make such other order as the Master of the Rolls thinks fit;.

     
  • (4)

    Where in the case of an applicant who has been certified eligible pursuant to Directive 2005/36/EC, the SRA:

    • (a)

      prohibits an attempt at the Test under paragraph (1); or

    • (b)

      refuses to lift that prohibition on an application for review;

      the applicant has the right, within three months of receiving notification of the SRA's decision, to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007.

     
  • (c)(5)

    An unadmitted person may make not more than up tothree applications to the Society SRA to remove a prohibition or other sanction at after intervals of not less than twelve monthsof the Society's decision under paragraph (1);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.

  • (d)(6)

    The unadmitted person has the right to appeal to the High Court under regulation 5 of the Solicitors' Admission Regulations within three months of receiving notification from the Society SRA of its decision on an application for the removal of a prohibition or sanction underparagraph (2)(c), apply to the Master of the Rolls who may: (i) affirm the decision of the society; or (ii) make such order as the master of the Rolls thinks fitparagraph (5).

 

19.18. Forms and fees

  • 1.

    A person wishing to attempt the Test must give notice to the Society's SRA's agent in the prescribed form and pay the prescribed fee.

  • 2.

    A person wishing to make an application or give notice to the Society SRA in accordance with these regulations must do so in the prescribed form and pay the prescribed fee.

  • 3.

    When at the time of the making of an application or giving of a notice no form has been prescribed by the Society SRA or the Society's SRA's agent the 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 Society SRA or the Society's SRA's to deal with the application or to comply with the regulation under which the notice is given.

  • 4.

    Whether or not the application is made or notice given on a prescribed form the Society SRA may require the applicant or the person giving notice to furnish such further information as it considers necessary.

  • 5.

    The Society SRA 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.

 

19. Admission as a solicitor

Admission as a solicitor takes place under Part 3 of the Solicitors' Admission Regulations.

Schedule

Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales are not required to pass any Heads in the Test if they have passed the qualifying examinations required for admission to such Courts of a person who has not previously qualified for admission in any other territory:

territory1 Eligible profession1
Hong Kong Solicitor
Isle of Man Advocate
Singapore Advocate and Solicitor

2. Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examinations required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the Professional Conduct and Accounts Head of the Test:

territory2 Eligible profession2
Alberta Barrister and Solicitor
Anguilla Barrister and Solicitor
Antigua and Barbuda Barrister and Solicitor
Australian Capital territory2 Solicitor
Barrister
Bahamas Counsel and Attorney
Barbados Attorney at Law
Belize Attorney at Law
Bermuda Legal Practitioner
British Columbia Barrister and Solicitor
British Virgin Islands  Barrister and Solicitor
Cayman Islands Attorney at Law
Dominica Barrister and Solicitor
Grenada Attorney at Law
Guyana Attorney at Law
Hong Kong Barrister
*India Advocate
Solicitor
Jamaica Attorney at Law
Malaysia Advocate and Solicitor
Manitoba Barrister and Solicitor
Montserrat Barrister and Solicitor
New Brunswick Barrister and Solicitor
Newfoundland Barrister and Solicitor
New South Wales Solicitor
Barrister
New Zealand Barrister and Solicitor
Northern territory2 Barrister and Solicitor
Northwest Territories Barrister and Solicitor
Nova Scotia Barrister and Solicitor
Ontario Barrister and Solicitor
Papua New Guinea Lawyer
Prince Edward Island Barrister and Solicitor
Queensland Solicitor
Barrister
Saskatchewan Barrister and Solicitor
South Australia Barrister and Solicitor
St Lucia Barrister and Solicitor
St Kitts and Nevis Barrister
St Vincent and the Grenadines Barrister at Law
Tasmania Barrister and Solicitor
Trinidad and Tobago Attorney at Law
Turks and Caicos Attorney at Law
Victoria Barrister and Solicitor
Western Australia Barrister and Solicitor
Yukon territory2  Barrister and Solicitor
Zambia Advocate

3. Lawyers of the following Courts who wish to be admitted as solicitor in England and Wales and who have passed the qualifying examinations required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the written Heads of the Test in Property,and Professional Conduct and Accounts:

territory3 Eligible profession3
Ghana Legal Practitioner
*Israel Advocate

Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examination required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the written Heads of the Test i.e., Property,Litigation,and Professional Conduct and Accounts:

territory4 Eligible profession4
Alabama Attorney at Law
Alaska Attorney at Law
Arizona Attorney at Law
Arkansas Attorney at Law
California Attorney at Law
Colorado Attorney at Law
Connecticut Attorney at Law
Delaware Attorney at Law
District of Columbia Attorney at Law
Florida Attorney at Law
Georgia Attorney at Law
Hawaii Attorney at Law
Idaho Attorney at Law
Illinois Attorney at Law
Indiana Attorney at Law
Iowa Attorney at Law
Kansas Attorney at Law
Kentucky Attorney at Law
Louisiana Attorney at Law
Maine Attorney at Law
Maryland Attorney at Law
Massachusetts Attorney at Law
Michigan Attorney at Law
Minnesota Attorney at Law
Mississippi Attorney at Law
Missouri Attorney at Law
Montana Attorney at Law
Nebraska Attorney at Law
Nevada Attorney at Law
New Hampshire Attorney at Law
New Jersey Attorney at Law
New Mexico  Attorney at Law
New York   Attorney at Law
Nigeria Barrister and Solicitor
North Carolina  Attorney at Law
North Dakota Attorney at Law
Ohio Attorney at Law
Oklahoma Attorney at Law
Oregon Attorney at Law
Pennsylvania Attorney at Law
Rhode Island Attorney at Law
South Carolina Attorney at Law
South Dakota Attorney at Law
Tennessee Attorney at Law
Texas Attorney at Law
Utah Attorney at Law
Vermont Attorney at Law
Virginia Attorney at Law
Washington Attorney at Law
West Virginia Attorney at Law
Wisconsin Attorney at Law
Wyoming Attorney at Law

Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examinations for the required admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass the written Heads of the Test, Property,and Professional Conduct and Accounts and the oral test in the Principles of Common Law:

territory5 Eligible profession5
Botswana Attorney and Advocate
Namibia Attorney and Advocate
South Africa Attorney and Advocate
Zimbabwe Legal Practitioner

Lawyers of the following Courts who wish to be admitted as solicitors in England and Wales and who have passed the qualifying examinations required for the admission to such Courts of a person who has not previously qualified for admission in any other territory are required to pass all four Heads of the Test:

territory6 Eligible profession6
Bangladesh Advocate
Pakistan Advocate
Quebec Avocat
Sri Lanka Attorney at Law
Switzerland Rechtsanwalt

* Applicants qualified in India and Israel may also be required to pass the Principles of Common Law Head of the Test depending on whether their law degree was taught in English.